THE CIVIL LAW

INCLUDING

The Twelve Tables, The Institutes of Gaius, The Rules of

Ulpian, The Opinions of Paulus, The Enactments

of Justinian, and The Constitutions of Leo:

Translated from the original Latin, edited, and compared with all accessible systems of jurisprudence ancient and modern.

By S. P. SCOTT, A. M.

Author of "History of the Moorish

Empire in Europe," Translator of

the "Visigothic Code"

IN SEVENTEEN VOLUMES VOL. XV.

CINCINNATI

THE CENTRAL TRUST COMPANY

Executor of the Estate Samuel P. Scott, Deceased

PUBLISHERS

CONTENTS OF VOLUME XV.

THE CODE OF JUSTINIAN.

SECOND EDITION. (Continued.)

BOOK IX.

(Continued.)

TITLE VI. PAGE

WHERE THE DEFENDANT OR THE ACCUSER DIES ....................... 3

TITLE VII. WHERE ANYONE REVILES THE EMPEROR. ............................. 4

TITLE Vill. ' ON THE LEX JULIA RELATING TO TREASON ............................ 4

TITLE IX. ON THE LEX JULIA RELATING TO ADULTERY AND FORNICATION .......... 8

TITLE X. WHERE A GUARDIAN CORRUPTS His FEMALE WARD. ................... 18

TITLE XI. CONCERNING WOMEN WHO COPULATE WITH THEIR OWN SLAVES. ....... 19

TITLE XII. ON THE LEX JULIA RELATING TO PUBLIC OR PRIVATE VIOLENCE. ......... 19

TITLE XIII. CONCERNING THE RAPE OF VIRGINS, WIDOWS AND NUNS ................ 24

TITLE XIV. CONCERNING THE CORRECTION OF SLAVES ............................. 27

TITLE XV. CONCERNING THE CORRECTION OF RELATIVES .......................... 29

TITLE XVI. ON THE LEX CORNELIA RELATING TO ASSASSINS ....................... 29

TITLE XVII. CONCERNING THOSE WHO KILL THEIR PARENTS OR CHILDREN. .......... 31

TITLE XVIII.

CONCERNING POISONERS, DIVINERS, AND OTHER CRIMINALS OF THE SAME DESCRIPTION ................................................. 31

TITLE XIX. CONCERNING THE VIOLATION OF SEPULCHRES ......................... 34

TITLE XX. ON THE LEX FABIA CONCERNING KIDNAPPING. ........................ 37

TITLE XXI.

ON THE VlSCELLIAN LAW.......................................... 40

TITLE XXII. ON THE CORNELIAN LAW WITH REFERENCE TO FORGERY. ............... 41

TITLE XXIII.

CONCERNING THOSE WHO DRAW UP WILLS UNDER WHICH THEY ARE BENEFICIARIES ............................................... 48

TITLE XXIV. CONCERNING COUNTERFEIT MONEY ................................. 49

TITLE XXV. CONCERNING THE CHANGE OF NAME ................................. 51

TITLE XXVI. ON THE JULIAN LAW RELATING TO POLITICAL CORRUPTION .............. 51

TITLE XXVII. ON THE JULIAN LAW RELATING TO EXTORTION ........................ 52

TITLE XXVIII. CONCERNING THE CRIME OF EMBEZZLEMENT. ......................... 54

TITLE XXIX. CONCERNING THE CRIME OF SACRILEGE .............................. 54

TITLE XXX.

CONCERNING SEDITIOUS PERSONS, AND THOSE WHO DARE TO ASSEMBLE THE PEOPLE AGAINST THE GOVERNMENT. ........................ 55

TITLE XXXI.

WHEN A CIVIL ACTION CANNOT BE BROUGHT AT THE SAME TIME ALONG WITH A CRIMINAL PROSECUTION, AND WHETHER BOTH PROCEEDINGS CAN BE INSTITUTED BY THE SAME PERSON ........................ 55

TITLE XXXII. CONCERNING THE CRIME OF PLUNDERING AN ESTATE. ................. 56

TITLE XXXIII. CONCERNING PROPERTY CARRIED OFF BY VIOLENCE ............•••••••• 57

TITLE XXXIV. CONCERNING THE CRIME OF SWINDLING ..............••••••••••••••• 58

TITLE XXXV. CONCERNING INJURIES ............................................ 59

TITLE XXXVI. CONCERNING DEFAMATORY LIBELS .................................. 61

TITLE XXXVII. CONCERNING CATTLE THIEVES ...................................... 63

TITLE XXXVIII. CONCERNING THE PROHIBITION OF DAMAGING THE LEVEES OF THE NILE .. 64

TITLE XXXIX. CONCERNING THOSE WHO CONCEAL ROBBERS OR OTHER CRIMINALS. ..... 64

TITLE XL. CONCERNING THE NOTIFICATION OF ACCUSED PERSONS. ................ 65

TITLE XLI. CONCERNING TORTURE ............................................ 66

TITLE XLII. CONCERNING ABOLITION ........................................... 70

TITLE XLIII. CONCERNING GENERAL ABOLITION ................................... 72

TITLE XLIV. CRIMINAL PROCEEDINGS SHOULD BE TERMINATED WITHIN A CERTAIN TIME 72

TITLE XLV.

ON THE TURPILLIAN DECREE OF THE SENATE.......................... 73

TITLE XLVI. CONCERNING CALUMNIATORS ....................................... 74

TITLE XLVII. CONCERNING PUNISHMENTS ........................................ 76

TITLE XLVIII.

CERTAIN JUDGES SHALL NOT BE PERMITTED TO CONFISCATE PROPERTY WITHOUT THE ORDER OF THE EMPEROR. .......................... 80

TITLE XLIX.

CONCERNING THE PROPERTY OF THOSE WHO HAVE BEEN PROSCRIBED OR CONDEMNED ................................................. 80

TITLE L. CONCERNING THE PROPERTY OF THOSE WHO COMMIT SUICIDE. .......... 85

TITLE LI.

CONCERNING THOSE WHO HAVE SERVED THEIR SENTENCES AND BEEN PARDONED ................................................... 85

BOOK X.

TITLE I. PAGE CONCERNING THE RIGHTS OF THE TREASURY. ......................... 88

TITLE II. CONCERNING SUITS BROUGHT AGAINST DEBTORS OF THE TREASURY. ...... 91

TITLE III.

CONCERNING THE AUTHORITY OF AND THE RIGHTS CONFERRED BY SALES MADE AT AUCTION BY THE TREASURY, AND CONCERNING BIDS ........ 92

TITLE IV.

CONCERNING THE SALE OF PROPERTY OWNED IN COMMON BY THE TREASURY AND PRIVATE INDIVIDUALS. ................................. 93

TITLE V. THE TREASURY CANNOT EVICT PROPERTY WHICH is SOLD. ............. 94

TITLE VI.

CONCERNING THOSE WHO HAVE RECEIVED A LOAN OF MONEY FROM THE PUBLIC FUNDS ............................................... 94

TITLE VII.

WHERE CREDITORS ARE REFERRED TO THE TREASURY WHEN PECUNIARY PENALTIES HAVE BEEN PREFERRED. ............................. 95

TITLE Vill. CONCERNING FISCAL INTEREST ..................................... 95

TITLE IX.

CONCERNING THE REVOCATION OF DECISIONS RENDERED AGAINST THE TREASURY ................................................... 95

TITLE X. CONCERNING PROPERTY WHICH HAS NO OWNER, AND INCORPORATION ..... 96

TITLE XI. CONCERNING INFORMERS .......................................... 97

TITLE XII. CONCERNING THE ABOLITION OF THE DEMAND FOR PROPERTY. ........... 98

TITLE XIII. CONCERNING THOSE WHO DENOUNCE THEMSELVES .................... 99

TITLE XIV.

WHERE A JOINT OWNER OF PROPERTY DONATED BY THE EMPEROR DIES WITHOUT HEIRS .............................................. 100

TITLE XV. CONCERNING TREASURE TROVE. ..................................... 100

TITLE XVI. PAGE CONCERNING TRIBUTES PAYABLE IN GRAIN AND MONEY. ............... 101

TITLE XVII. CONCERNING ADDITIONAL TAXES .................................... 103

TITLE XVIII. CONCERNING SUPPLEMENTARY TAXES ................................ 103

TITLE XIX. CONCERNING THE COLLECTORS OF TRIBUTE. ........................... 104

TITLE XX. CONCERNING ILLEGAL COLLECTIONS .................................. 106

TITLE XXI.

CONCERNING THE SEIZURE AND SALE OF PROPERTY FOR THE PAYMENT OF TAXES ...................................................... 106

TITLE XXII.

CONCERNING PUBLIC RECEIPTS, CURIAL SURVEYS OF LANDS, AND CIVIL APPOINTMENTS OF TAXES. ..................................... 107

TITLE XXIII.

CONCERNING THE LAW RELATING TO TAXES DUE TO THE FUND OF THE IMPERIAL LARGESSES ......................................... 108

TITLE XXIV. No LABOR SHALL BE REQUIRED OF TAXPAYERS ........................ 110

TITLE XXV. EXEMPTION FROM TAXATION SHALL BE GRANTED TO NO ONE ............ 110

TITLE XXVI. CONCERNING PROPERTY STORED IN PUBLIC WAREHOUSES. .............. Ill

TITLE XXVII.

No ONE SHALL BE PERMITTED TO REFUSE TO SELL PROPERTY, AND CONCERNING THE DUTY OF MAKING PURCHASES FOR THE PUBLIC BENEFIT 111

TITLE XXVIII.

CONCERNING THE COLLECTION OF TAXES ON DONATIONS AND CONCERNING TRIBUTES AND PROPERTY CHARGED WITH PAYMENTS IN KIND. ....... 112

TITLE XXIX. CONCERNING THE PAYMENT OF TAXATION IN COPPER. .................. 112

TITLE XXX. CONCERNING ASSESSORS ........................................... 113

TITLE XXXI.

CONCERNING DECURIONS AND THEIR SONS WHO ARE CONSIDERED DECU-RIONS, AND IN WHAT WAYS THEY MAY BE RELEASED FROM THE DUTIES OF THE DECURIONATE ................................... 113

TITLE XXXII.

WHERE A SLAVE OR A FREEDMAN ASPIRES TO THE OFFICE OF DECURION ... 128

TITLE XXXIII.

THE LANDS OF DECURIONS SHALL NOT BE ALIENATED UNLESS BY VIRTUE OF A DECREE ................................................. 128

TITLE XXXIV.

WHEN AND TO WHOM THE FOURTH PART OF THE PROPERTY OF DECURIONS is DUE, AND CONCERNING THE METHOD OF DISTRIBUTING THE SAME 130

TITLE XXXV.

CONCERNING THE CLAIM OF A CURIA TO PROPERTY WHICH HAS BEEN GRATUITOUSLY TRANSFERRED ................................... 132

TITLE XXXVI. CONCERNING THE PAYMENT OF SALARIES ............................. 134

TITLE XXXVII.

WHERE A DECURION, HAVING LEFT THE CITY. PREFERS TO RESIDE IN THE COUNTRY .................................................... 134

TITLE XXXVIII. CONCERNING THE CITIZENS OF TOWNS AND NATIVES ................... 134

TITLE XXXIX.

CONCERNING RESIDENTS, AND WHERE ANYONE is CONSIDERED TO HAVE His DOMICILE, AND CONCERNING THOSE WHO RESIDE IN OTHER CITIES FOR THE PURPOSE OF PURSUING THEIR STUDIES. ............ 135

TITLE XL.

CONCERNING THE NON-TRANSMISSION OF MUNICIPAL DUTIES AND HONORS FROM FATHER TO SON, AND THE INTERVALS WHICH EXIST. ......... 137

TITLE XLI. CONCERNING CHARGES UPON ESTATES. ............................... 137

TITLE XLII. IN WHAT WAY CIVIL OBLIGATIONS ARE DIVIDED ....................... 138

TITLE XLIII.

CONCERNING THOSE WHO VOLUNTARILY ASSUME THE DISCHARGE OF PUBLIC DUTIES .............................................. 139

TITLE XLIV.

CONCERNING THOSE WHO HAVE OBTAINED TEMPORARY EXEMPTION FROM THE DUTIES OF A DECURIONATE ................................. 140

TITLE XLV. CONCERNING EXEMPTION FROM OFFICIAL DUTIES ...................... 141

TITLE XLVI.

CONCERNING THE DECREES OF DECURIONS HAVING REFERENCE TO IMMUNITY GRANTED TO CERTAIN OF THEIR COLLEAGUES. ................ 141

TITLE XLVII. CONCERNING EXCUSES FROM THE DISCHARGE OF PUBLIC DUTIES ......... 141

TITLE XLVIII.

CONCERNING CHARGES AND SERVICES FROM WHICH NO ONE CAN BE EXCUSED .................................................... 145

TITLE XLIX. WHO ARE EXCUSED BY REASON OF THEIR AGE OR PROFESSION. ........... 145

TITLE L. WHO ARE EXCUSED ON ACCOUNT OF DISEASE. ......................... 146

TITLE LI.

CONCERNING THOSE WHO SHOULD BE EXCUSED ON ACCOUNT OF THE NUMBER OF THEIR CHILDREN, OR BY REASON OF THEIR POVERTY ......... 146

TITLE LII. CONCERNING PROFESSORS AND PHYSICIANS. .......................... 147

TITLE LIII. CONCERNING ATHLETES ........................................... 151

TITLE LIV.

CONCERNING THOSE WHO HAVE BEEN DISCHARGED FROM THE ARMY BEFORE COMPLETING THEIR TERM OF SERVICE ..................... 151

TITLE LV.

FROM WHAT CIVIL SERVICES THOSE ARE EXEMPT WHO, AFTER HAVING COMPLETED THEIR TIME IN THE ARMY, OR THE DUTIES TO WHICH THEY HAVE BEEN ASSIGNED IN THE PROVINCES, ENGAGE IN THEIR OWN AFFAIRS AND BUSINESS AT HOME, AND THEIR PRIVILEGES, AND CONCERNING FARMERS OF THE REVENUE ......................... 152

TITLE LVI. CONCERNING FREEDMEN ........................................... 152

TITLE LVII. CONCERNING INFAMOUS PERSONS ................................... 152

TITLE LVIII. CONCERNING PERSONS ACCUSED OF CRIME ............................. 152

TITLE LIX.

CONCERNING THOSE WHO HAVE BEEN CONDEMNED TO EXILE, OR SUSPENDED FROM THEIR ORDER.................................... 152

TITLE LX.

CONCERNING SONS UNDER PATERNAL CONTROL, AND To WHAT EXTENT THEIR FATHER Is RESPONSIBLE FOR THEM ....................... 153

TITLE LXI. PAGB CONCERNING THE RESPONSIBILITY OF A PARENT FOR His HEIRS ......... 153

TITLE LXII.

CONCERNING WOMEN AND WHERE THEY MAY BECOME RESPONSIBLE FOR MUNICIPAL SERVICES IMPOSED UPON OFFICES AND HONORS SUITABLE TO THEIR SEX ............................................... 154

TITLE LXIII. CONCERNING EMBASSIES ........................................... 154

TITLE LXIV. CONCERNING THE EXCUSES OF ARTISANS ............................ 155

TITLE LXV. CONCERNING THE QUALIFICATIONS OF PERSONS APPOINTED TO OFFICE .... 156

TITLE LXVI.

WHERE AN APPOINTMENT Is MADE THROUGH ENMITY ................ 156

TITLE LXVII. CONCERNING THE RECOVERY OF EXPENSES ........................... 156

TITLE LXVIII. WHERE ANYONE DIES AFTER His APPOINTMENT ..................... 156

TITLE LXIX.

CONCERNING BOOKKEEPERS, SECRETARIES, WRITERS OF SPEECHES, AND REGISTERS OF THE CENSUS ..................................... 157

TITLE LXX. CONCERNING RECEIVERS, SUPERINTENDENTS AND TREASURERS ........... 158

TITLE LXXI. CONCERNING WEIGHERS, AND THE DELIVERY OF GOLD .................. 161

TITLE LXXII. CONCERNING THE COLLECTORS OF PUBLIC MONEY ..................... 161

TITLE LXXIII.

PUBLIC FUNDS WHICH HAVE BEEN COLLECTED SHALL NOT BE DISBURSED WITHOUT AUTHORITY ......................................... 162

TITLE LXXIV. CONCERNING CORONARY GOLD ...................................... 162

TITLE LXXV. CONCERNING IRENARCHS .......................................... 163

TITLE LXXVI.

CONCERNING THE RATIO OF SILVER TO BE PAID INTO THE PUBLIC TREASURY ........................................................ 163

BOOK XI.

TITLE I. PAGE

CONCERNING THE TRANSPORTATION OF PUBLIC PROPERTY BY SHIP-OWNERS OR SHIP-MASTERS, AND THE ABOLITION OF THE TAX KNOWN AS LUSTRAL GOLD ............................................... 163

TITLE II.

CONCERNING LAND AND ALL OTHER PROPERTY BELONGING TO SHIPOWNERS .................................................... 165

TITLE III. CONCERNING EXCUSES FOR SHIPS WHICH SHALL NOT BE ACCEPTED ..... 166

TITLE IV. No ADDITION SHALL BE MADE TO PUBLIC BURDENS ................... 167

TITLE V. CONCERNING SHIPWRECKS ......................................... 167

TITLE VI. CONCERNING MINERS, MINES, AND THE SUPERINTENDENTS OF THE LATTER 169

TITLE VII.

CONCERNING DYERS OF PURPLE, INMATES AND SUPERINTENDENTS OF THE GYNECEUM, MASTERS OF THE MINT, AND CARRIERS ................ 170

TITLE Vill.

CONCERNING CLOTHING COMPOSED ENTIRELY OF SILK AND GOLD, AND OF THE DYE OF THE IMPERIAL PURPLE ............................. 174

TITLE IX. CONCERNING MANUFACTURERS ..................................... 175

TITLE X. CONCERNING THE VALUE OF ANCIENT MONEY ........................ 177

TITLE XL

No ONE SHALL BE PERMITTED TO ADORN THE BRIDLES OR SADDLES OF THEIR HORSES OR THEIR OWN BELTS WITH PEARLS, EMERALDS, OR HYACINTHS, AND CONCERNING THE ARTIFICERS OF THE PALACE ..... 177

TITLE XII. CONCERNING MARINES ............................................ 178

TITLE XIII. CONCERNING THE DECURIALS OF THE CITY OF ROME .................. 178

TITLE XIV.

CONCERNING THE PRIVILEGES ENJOYED BY MEMBERS OF CORPORATE BODIES OF THE CITY OF ROME ........................................ 179

TITLE XV. PAGE CONCERNING BAKERS ............................................. 179

TITLE XVI.

CONCERNING THE PORK-BUTCHERS, WINE-MERCHANTS, AND OTHER CORPORATIONS ................................................... 180

TITLE XVII. CONCERNING MEMBERS OP CORPORATIONS AND MONEY BROKERS ......... 180

TITLE XVIII.

CONCERNING LIBERAL STUDIES IN THE CITIES OP ROME AND CONSTANTINOPLE ..................................................... 181

TITLE XIX. CONCERNING THE VEHICLES OP PERSONS INVESTED WITH HONORS ....... 182

TITLE XX. CONCERNING THE PRIVILEGES OF THE CITY OF CONSTANTINOPLE ........ 182

TITLE XXI. CONCERNING THE METROPOLIS OF BERYTUS .......................... 182

TITLE XXII. CONCERNING THE CONTRIBUTION OF GRAIN MADE TO THE CITY OP ROME. . 182

TITLE XXIII. CONCERNING GRAIN DESTINED FOR THE CITY OF CONSTANTINOPLE ...... 183

TITLE XXIV. CONCERNING CIVIL CONTRIBUTIONS OF GRAIN ........................ 184

TITLE XXV. CONCERNING STURDY BEGGARS ..................................... 185

TITLE XXVI. CONCERNING BOATS PLYING ON THE TIBER .......................... 185

TITLE XXVII. CONCERNING GRAIN DESTINED FOR THE CITY OF ALEXANDRIA ........... 185

TITLE XXVIII. CONCERNING THE PRIMATES OF THE CITY OF ALEXANDRIA .............. 186

TITLE XXIX. CONCERNING THE RIGHTS OF THE STATE ............................. 186

TITLE XXX. CONCERNING THE ADMINISTRATION OF PUBLIC AFFAIRS ............... 187

TITLE XXXI. CONCERNING THE SALE OF PROPERTY BELONGING TO THE STATE ........ 187

TITLE XXXII. PAGE CONCERNING THE DEBTORS OF CITIES ............................... 188

TITLE XXXIII.

CONCERNING THE LIABILITY OF THOSE WHO MAKE APPOINTMENTS ...... 189

TITLE XXXIV.

CONCERNING THE LIABILITY OF THOSE WHO BECOME SURETIES FOR MAGISTRATES ................................................ 189

TITLE XXXV. IN WHAT ORDER PERSONS MUST BE SUED ........................... 190

TITLE XXXVI.

No FREEMAN CAN BE COMPELLED TO PERFORM THE FUNCTIONS OF A MUNICIPAL SERVANT ......................................... 191

TITLE XXXVII.

THE EXPENSES OF THE OFFICE TO WHICH THEY HAVE BEEN APPOINTED MUST BE BORNE BY ALL THE INCUMBENTS OF SAID OFFICE ........ 191

TITLE XXXVIII.

CONCERNING THOSE AGAINST WHOM LEGAL PROCEEDINGS ARE INSTITUTED ON ACCOUNT OF THE OFFICE WHICH THEY HAVE ADMINISTERED ...................................................... 191

TITLE XXXIX. CONCERNING THE PAYMENTS AND RELEASES OF DEBTORS TO THE STATE ... 192

TITLE XL. CONCERNING EXHIBITIONS, ACTORS, AND PROCURERS .................. 192

TITLE XLI. CONCERNING THE EXPENSES OF GAMES .............................. 194

TITLE XLII. CONCERNING AQUEDUCTS .......................................... 194

TITLE XLIII. CONCERNING GLADIATORS ......................................... 197

TITLE XLIV. CONCERNING THE CHASE OF WILD BEASTS ........................... 198

TITLE XLV. CONCERNING THE MAY FESTIVAL ................................... 199

TITLE XLVI.

THE USE OF ARMS WITHOUT THE KNOWLEDGE OF THE EMPEROR Is FORBIDDEN ...................................................... 200

TITLE XLVII. ' PAGE

CONCERNING FARMERS, TENANTS OF LAND REGISTERED ON THE CENSUS, AND SERFS .................................................. 200

TITLE XLVIII. CONCERNING THE EXEMPTION OF CITIZENS FROM THE CAPITATION TAX. . 208

TITLE XLIX. IN WHAT CASES REGISTERED SERFS CAN ACCUSE THEIR MASTERS ....... 208

TITLE L. CONCERNING THE SERFS OF PALESTINE .............................. 209

TITLE LI. CONCERNING THE SERFS OF THRACE ................................ 209

TITLE LII. CONCERNING THE SERFS OF ILLYRIA ................................ 210

TITLE LIII.

No ONE SHALL EXTEND PROTECTION TO PEASANTS OR SUPPORT THEM IN ANY CHANGES WHICH THEY MAY MAKE ....................... 211

TITLE LIV. PEASANTS SHALL NOT BE SUBJECTED To ANY NEW OBLIGATIONS ...... 213

TITLE LV.

THE RESIDENTS OF A MOTHER-VILLAGE ARE NOT PERMITTED TO TRANSFER THEIR LANDS TO STRANGERS .................................. 214

TITLE LVI.

No RESIDENT OF A VILLAGE SHALL BE LIABLE FOR THE DEBTS OF OTHER RESIDENTS OF THE SAME VILLAGE .............................. 214

TITLE LVII. CONCERNING TAXES, TAX GATHERERS, APPRAISERS, AND INSPECTORS ...... 215

TITLE LVIII.

CONCERNING ABANDONED LANDS AND WHEN SUCH As ARE BARREN ARE CONSIDERED To BE ATTACHED To THOSE THAT ARE FERTILE. ...... 217

TITLE LIX.

CONCERNING LANDS AND THEIR BOUNDARIES, MARSHES, PASTURES, FRONTIER MILITARY STATIONS, AND THE GARRISONS OF FORTRESSES. ...... 221

TITLE LX. CONCERNING PUBLIC AND PRIVATE PASTURES ......................... 222

TITLE LXI.

CONCERNING LANDS AND FORESTS BELONGING TO THE EMPEROR, AND EMPHYTEUTICAL CONTRACTS AND LESSEES UNDER THE SAME. ....... 223

xv

TITLE LXIL PAGE

CONCERNING SLAVES AND SERFS ATTACHED TO THE PRIVATE DOMAIN OF THE EMPEROR, PASTURES, AND LANDS HELD UNDER EMPHYTEUSIS. .. 226

TITLE LXIII.

CONCERNING FUGITIVE SERFS ATTACHED TO THE IMPERIAL ESTATES, AND TO FORESTS AND LANDS HELD UNDER EMPHYTEUSIS .............. 227

TITLE LXIV.

CONCERNING OBLIGATIONS IMPOSED UPON THE OCCUPANTS OF LANDS BELONGING TO THE IMPERIAL DOMAIN AND OTHERS HELD UNDER EMPHYTEUSIS ................................................ 228

TITLE LXV.

CONCERNING THE LANDS BELONGING TO THE PRIVATE ESTATE OF THE EMPEROR, AND THE FORESTS ATTACHED TO THE IMPERIAL HOUSEHOLD 229

TITLE LXVI.

CONCERNING THE LANDS AND FORESTS BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR ....................................... 231

TITLE LXVII.

CONCERNING THE CULTIVATORS AND SLAVES BELONGING TO THE DOMAIN OF THE EMPEROR, OR THE IMPERIAL TREASURY ................... 231

TITLE LXVIII.

CONCERNING CERTAIN LANDS, AND CHILDREN BORN TO SERFS ATTACHED TO THE IMPERIAL DOMAIN, AND OTHER PERSONS OF FREE CONDITION 232

TITLE LXIX.

CONCERNING DIFFERENT URBAN AND RUSTIC ESTATES BELONGING TO TEMPLES AND CITIES AND ALL CIVIL REVENUES ................... 233

TITLE LXX.

CONCERNING THE LEASING OF LANDS OWNED BY CITIES, OR BELONGING TO THE TREASURY, THE TEMPLES, AND THE PRIVATE OR PUBLIC IMPERIAL DEMESNES .................................................. 234

TITLE LXXI.

CONCERNING LESSEES AND AGENTS, OR COLLECTORS OF LANDS BELONGING TO THE TREASURY OF THE IMPERIAL HOUSEHOLD ................. 236

TITLE LXXII.

WHAT PERSONS ARE NOT PERMITTED TO LEASE LANDS BELONGING TO THE TREASURY ................................................... 236

TITLE LXXIII.

CONCERNING CONTRIBUTIONS IMPOSED UPON LANDS BELONGING TO THE TREASURY, TO THE PRIVATE DOMAIN OF THE EMPEROR, TO THE STATE, OR TO TEMPLES .............................................. 236

TITLE LXXIV. PAGE

CONCERNING THE PRIVILEGES ENJOYED BY LANDS ATTACHED TO THE IMPERIAL HOUSEHOLD, AND THOSE BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR, AND FROM WHAT CONTRIBUTIONS THEY ARE EXEMPT .................................................... 237

TITLE LXXV. CONCERNING THE IMPERIAL STUD ................................... 238

TITLE LXXVI. CONCERNING THE IMPERIAL PALACES AND BUILDINGS ................. 238

TITLE LXXVII.

CYPRESS TREES FROM THE SACRED GROVES OF DAPHNE AND PERSEUS IN EGYPT SHALL NOT BE CUT DOWN, OR SOLD ..................... 239

BOOK XII.

TITLE I. CONCERNING DIGNITIES ........................................... 239

TITLE II.

CONCERNING PRAETORS, PRAETORIAN HONORS, AND THE ABOLITION OF THE CONTRIBUTIONS KNOWN AS GLEBE, LEAF, AND SEVEN SOLIDI. ....... 242

TITLE III.

CONCERNING CONSULS, AND THE PROHIBITION AGAINST THEIR SQUANDERING MONEY, AND CONCERNING PREFECTS, MILITARY COMMANDERS, AND PATRICIANS ............................................. 243

TITLE IV.

CONCERNING PRAETORIAN AND URBAN PREFECTS AND MILITARY COMMANDERS .................................................... 245

TITLE V.

CONCERNING THE IMPERIAL CHAMBERLAINS, AND VALETS-DE-CHAMBRE AND THEIR PRIVILEGES ....................................... 245

TITLE VI.

CONCERNING QUAESTORS, MASTERS OF THE OFFICES, AND COUNTS OF THE IMPERIAL LARGESSES AND OF PRIVATE AFFAIRS ................... 247

TITLE VII.

CONCERNING THE PRIMICERIUS, THE SECUNDICERIUS, AND NOTARIES. ..... 247

TITLE Vill. CONCERNING THE MAINTENANCE OF THE ORDER OF DIGNITIES .......... 248

TITLE IX. PAGE

CONCERNING THE CHIEFS OF THE IMPERIAL BUREAUS .................. 249

TITLE X.

CONCERNING THE COUNTS OF THE CONSISTORY ....................... 250

TITLE XI. CONCERNING THE COUNTS AND TRIBUNES OF ASSOCIATIONS ............ 250

TITLE XII. CONCERNING MILITARY COUNTS .................................... 250

TITLE XIII.

CONCERNING THE COUNTS AND CHIEF PHYSICIANS OF THE IMPERIAL PALACE ..................................................... 251

TITLE XIV. CONCERNING THE COUNTS WHO GOVERN THE PROVINCES .............. 251

TITLE XV.

CONCERNING THE PROFESSORS, WHO, BY GIVING INSTRUCTION IN THE CITY OF CONSTANTINOPLE, HAVE ATTAINED TO THE RANK OF COUNT ..... 251

TITLE XVI. CONCERNING SILENTARII AND THEIR DECURIONS ...................... 251

TITLE XVII. CONCERNING DOMESTICS AND PROTECTORS ........................... 253

TITLE XVIII. CONCERNING THE SUPERINTENDENTS OF PUBLIC WORKS ............... 254

TITLE XIX.

CONCERNING PERSONS ATTACHED TO THE OFFICE OF IMPERIAL SECRETARY, AND OTHERS WHO ARE EMPLOYED IN THE SAME .................. 254

. TITLE XX. CONCERNING AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS. .... 261

TITLE XXI.

CONCERNING THE OVERSEER OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS ................................................ 263

TITLE XXII.

CONCERNING THE CHIEFS OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS ................................................... 264

TITLE XXIII. CONCERNING SPIES AND DETECTIVES ................................ 267

TITLE XXIV.

CONCERNING OFFICERS OF THE PALACE ATTACHED TO THE BUREAUS OF THE IMPERIAL LARGESSES AND PRIVATE AFFAIRS .................. 268

TITLE XXV. PAGE CONCERNING STRATORS ........................................... 270

TITLE XXVI. CONCERNING CASTRENSIARII AND MINISTERIANII ..................... 271

TITLE XXVII. CONCERNING DEANS .............................................. 273

TITLE XXVIII. CONCERNING SURVEYORS .......................................... 273

TITLE XXIX.

CONCERNING THE PRIVILEGES OF THOSE WHO ARE EMPLOYED IN THE IMPERIAL PALACE ............................................ 273

TITLE XXX. CONCERNING THE PRIVILEGES OF THE FAVORED DIVISIONS OF THE ARMY. . 274

TITLE XXXI. CONCERNING THE CASTRENSE PECULIUM OF ALL PALATINES ........... 276

TITLE XXXII. CONCERNING THE EQUESTRIAN DIGNITY ............................. 276

TITLE XXXIII. CONCERNING THE DIGNITY OF PERFECTISSIMATUS ..................... 277

TITLE XXXIV.

WHO CAN SERVE IN THE ARMY AND WHO CANNOT, AND CONCERNING SLAVES WHO ASPIRE TO ENTER THE MILITARY SERVICE OR BE RAISED TO ANY DIGNITY. No ONE CAN HAVE Two EMPLOYMENTS, OR HOLD Two DIGNITIES AT ONCE ..................................... 277

TITLE XXXV. MERCHANTS SHOULD NOT SERVE IN THE ARMY ....................... 279

TITLE XXVI. CONCERNING MILITARY AFFAIRS ................................... 280

TITLE XXXVII.

CONCERNING THE CASTRENSE PECULIUM OF SOLDIERS AND THE SUBORDINATES OF THE PREFECTS ...................................... 285

TITLE XXXVIII. CONCERNING THE DISTRIBUTION OF MILITARY SUBSISTENCE ............ 286

TITLE XXXIX.

CONCERNING THE COOKING AND THE TRANSPORT OF PROVISIONS FOR THE ARMY ...................................................... 291

TITLE XL. PAGE CONCERNING THE CLOTHING OF SOLDIERS ........................... 292

TITLE XLI. CONCERNING FURRIERS AND QUARTERMASTERS ........................ 293

TITLE XLII. CONCERNING SUPPLIES WHICH SHOULD NOT BE FURNISHED TO GUESTS. .. 296

TITLE XLIII. CONCERNING FURLOUGHS ......................................... 296

TITLE XLIV. CONCERNING NEW RECRUITS ....................................... 297

TITLE XLV.

CONCERNING THE PROTECTION OF THE SHORES OF THE SEA, AND HIGHWAYS ....................................................... 297

TITLE XLVI. CONCERNING DESERTERS AND THOSE WHO HARBOR THEM .............. 298

TITLE XLVII. CONCERNING VETERANS ........................................... 298

TITLE XLVIII. CONCERNING THE SONS OF MILITARY OFFICERS WHO DIE DURING WAR. .. 300

TITLE XLIX. CONCERNING THE OFFERING OF GOOD WISHES ....................... 300

TITLE L.

CONCERNING ACCOUNTANTS, RECORDERS, CLERKS, ASSISTANTS, SECRETARIES AND COLLECTORS OF THE CAPITAL, AND OTHER JUDICIAL OFFICERS, MILITARY AS WELL AS CIVIL .......................... 300

TITLE LI. CONCERNING THE PUBLIC POST, POST-HORSES, AND VEHICLES .......... 303

TITLE LII. CONCERNING DRIVERS AND STATIONS ............................... 307

TITLE LIII.

CONCERNING THE SUBORDINATES OF THE PRAETORIAN PREFECTS AND THEIR PRIVILEGES .....................................••••••••-•••• 308

TITLE LIV. CONCERNING THE ATTENDANTS OF THE PREFECT OF THE CITY .......... 309

TITLE LV. CONCERNING THE STAFF OFFICERS OR GENERALS AND THEIR PRIVILEGES .. 309

TITLE LVI. PAGE

CONCERNING THE ATTENDANTS OF THE PROCONSUL AND THE LIEUTENANT OF THE EMPEROR ............................................ 310

TITLE LVII. CONCERNING THE ATTENDANTS OF THE COUNT OF THE EAST ............ 311

TITLE LVIII.

CONCERNING THE ATTENDANTS ATTACHED TO THE COHORTS OF PRINCES AND THEIR CORNICULARII AND PRIMIPILARII ..................... 311

TITLE LIX. CONCERNING THE ATTENDANTS OF THE PREFECT OF SUBSISTENCE. ....... 314

TITLE LX.

CONCERNING THE DIFFERENT OFFICIALS AND ATTENDANTS OF JUDGES, AND THEIR PREROGATIVES ......................................... 314

TITLE LXI. CONCERNING EXECUTIVE OFFICERS AND COLLECTORS OF TAXES .......... 317

TITLE LXII.

CONCERNING THE PROFITS OF ADVOCATES AND THE EXTORTIONS OF OFFICIALS OR THEIR SUBORDINATES ................................. 319

TITLE LXIII. CONCERNING THE CHIEF CENTURION OF THE TRIARII .................. 320

TITLE LXIV.

THOSE WHO ANNOUNCE THE OCCASIONS OF PUBLIC REJOICING OR THE NAMES OF THE CONSULS, OR WHO PUBLISH THE IMPERIAL CONSTITUTIONS OR ANY OTHER IMPERIAL OR JUDICIAL DOCUMENTS, SHOULD NOT RECEIVE EXCESSIVE SUMS FOR EXPENSES FROM PEOPLE AGAINST THEIR CONSENT ............................................. 320

THE ENACTMENTS OF JUSTINIAN.

III. THE CODE.

(Continued.)

THE CODE OF OUR LORD THE EMPEROR JUSTINIAN.

SECOND EDITION. (Continued.)

BOOK IX.

(Continued.)

TITLE VI. WHERE THE DEFENDANT OR THE ACCUSER DIES.

1. This Law is not Authentic.

2. The Emperor Antoninus to Eutychianus.

Even if Marcellus, who was accused of the crime of forgery, is dead, and for this reason the crime is extinguished in his person, still the accusation is not annulled, so far as you are concerned, as you state that his wife, as well as yourself, has also been accused of complicity in the same offence.

Published on the seventh of the Kalends of October, during the Consulate of Lsetus, Consul for the second time, and Cerealis, 216.

3. The Same Emperor to Proculus.

If he whom you have accused of homicide, or of any other offence whatsoever, is dead, proceedings instituted against you for having abandoned the accusation will be without effect, as both the crime and the penalty are extinguished by death; and, for the same reason, the necessity of proceeding with the accusation is no longer imposed upon you.

Published at Rome, on the fourth of the Kalends of October, during the Consulate of Sabinus and Anulinus.

4. The Emperor Alexander to Veronitianus.

If, as you allege, you are interested in a case involving the payment of money, although Annianus, whom your agent accused of forgery, is dead, you will not be prevented from bringing an accusation, if anyone should avail himself of the instrument, which is of doubtful validity, against you; for although the offence has been extinguished by the death of the principal, and can no longer exist, still, if anyone wishes to make use of the forged instrument, he must understand that he is liable to punishment for doing so.

Published on the sixth of the Kalends of January, during the Consulate of Albinus and ^milianus, 228.

5. The Emperor Gordian to Rufus.

It is a well-known rule of law that, where persons accused of the commission of public crimes, whether they themselves have perpetrated them or have ordered others to do so, die while the accusation is pending, their heirs will not be excluded from their estates, unless they have committed suicide.

Published on the seventh of the Kalends of November, during the Consulate of Pius and Pontianus, 239.

6. The Same Emperor to Julianus.

If anyone condemned to death or deportation should take an appeal, and die before it has been determined, the crime is extinguished by his death. The same rule shall be observed if the accuser should die while the appeal is pending. If, however, the culprit should be sentenced to the penalty of relegation, and to the loss of a part of his property, and should have recourse to appeal, the appeal must, nevertheless, be heard and decided even after his death; as it is proper to ascertain whether the confiscation of his property was valid or not.

Published on the sixth of the Kalends of August, during the Consulate of Gordian and Aviola, 240.

TITLE VII. WHERE ANYONE REVILES THE EMPEROR.

1. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.

Where anyone, ignorant of modesty and without any sense of shame, thinks Our name should be attacked with dishonorable and petulant abuse, or if rendered turbulent by drunkenness, he should manifest discontent with the proceedings of Our reign, We are unwilling for him to be subjected to any penalty, nor do We desire that he be treated with severity or harshness; since if this was the result of levity, he is only worthy of contempt; if it was caused by insanity, he is an object of pity; and if it was done for the purpose of injury, he should be pardoned.

Wherefore, let any occurrence of this kind be, without reservation, brought to Our knowledge, in order that We may consider what has been said, and determine whether it should be passed over in silence, or investigated.

Given at Constantinople, on the sixth of the Ides of August, during the Consulate of Theodosius, Consul for the third time, and Abun-dantius, 392.

TITLE Vill.

ON THE LEX JULIA RELATING TO TREASON. 1. The Emperor Alexander to Paulinus.

You are not only not permitted to accuse a judge of the crime of treason, because you allege that he has rendered a decision against

Our Constitution, but I do not wish accusations of this crime to be made during My reign on any other grounds whatever.

Published on the third of the Ides of April, during the Consulate of Maximus, Consul for the second time, and Julianus, 224.

2. The Same Emperor to Faustinianus.

You entertain a singular idea of My disposition when, having in a moment of anger and without reflection sworn by the name of the Emperor that you would always treat your slave with severity, you think that you will be guilty of treason if you do not continue to do so:

Published on the third of the Nones of February, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.

3. The Emperor Constantine to Maximus, Prefect of the City.

If one person should accuse another of the crime of treason, he who is accused, no matter what his rank or privileges may be, cannot protect himself from torture, and whoever brings the accusation is hereby notified that he also shall be put to the question (if he should be unable to prove his charge by convincing evidence) along with the person accused of a crime of this kind. He also, by whose advice and instigation the accusation appears to have been made, must be subjected to torture, in order that punishment may be inflicted upon all persons guilty of complicity in the offence.

Published on the Kalends of January, during the Consulate of Volusianus and Annianus, 314.

4. The Emperors Valentinian, Valens, and Gratian to Olybrius, Prefect of the City.

No one, under any circumstances, shall be forbidden to make use of any defence, either that of military service, or of any order to which he may belong, or of his family, to escape torture, without our knowledge and consent, where such defence is proper, except solely in cases of treason, in which the condition of all persons is considered to be equal.1

Given on the eighth of July, during the Consulate of the Noble Prince Valentinian and Victor, 369.

5. The Emperors Arcadius and Honorius to Eutychianus, Prsetorian Prefect.

Anyone who joins an infamous faction composed of either soldiers, private persons, or barbarians, whether he himself, as its head, receives the oath, or takes it as an individual, shall be put to death as

1 Among nations who recognized the Lex Talionis, homicide of the sovereign did not constitute treason, as we understand it, for the offence was a private one to be atoned for by blood-revenge, or by the payment of a fixed pecuniary fine in lieu thereof. This was the rule among the early Anglo-Saxons. "Even in the case of the murder of the king, the State did not take up the matter, but left it to the royal kindred to obtain redress by private feud, as in other cases. There could be no such thing as crime under these conditions, as in no case did the State act to

guilty of high treason, and all his property shall be confiscated to Our Treasury, whether he has plotted the death of illustrious men who are members of Our Council and Consistory, and of the Senate (as they form part of Our government), or finally, of anyone else who is in Our service; for the laws punish with equal severity the intention to commit a crime and its actual perpetration.

(1) The sons of a person convicted of such an offense, to whom by special Imperial indulgence We grant the privilege of life (for they should be put to death by the same punishment as their father, as in their cases his example, that is the inclination to commit a crime, is inherited) shall be excluded from the estates and successions of their mothers and grandmothers, and all their remaining nearest relatives.

Nor shall they be able to receive anything under the wills of strangers, but shall always remain in want, and poor; and the infamy of their fathers will always attach to them, nor shall they afterwards be eligible to any office, or be qualified to perform public duties; in short, such men shall remain in such a condition of perpetual indigence that death will be a consolation to them, and life a punishment.

(2) Finally, We order that those persons who attempt to intercede with Us for criminals of this kind shall not be pardoned, no matter what their rank may be.

(3) Again, We decree that the children of such persons, whatever may be their number, shall only be entitled to the Falcidian portion out of the estate of their mother, whether she left a will or died intestate ; so that the daughters may only have a moderate sum for their support, rather than the entire benefit and name of heirs. The rule, when applicable to them, should be enforced with moderation, as We think that they are less venturesome on account of the weakness of their sex.

(4) Emancipations granted by the persons aforesaid, either in favor of their sons or daughters, after the commission of the crime,

redress a wrong against itself." (Barrell, An Outline of Anglo-Saxon Law, Page 52.)

The Welsh did not permit the payment of money by way of compromise under such circumstances. "There are three persons who forfeit their lives, and who cannot be bought off: a traitor to the country and the tribe; he that kills another from real malice; and a convicted thief for the value of more than four-pence." (The Ancient Laws of Cambria, Triads of Dyvenwal Moelmud, Page 57.)

The disabilities resulting from the commission of treason are set forth as follows in the old English law:

"In treason, there ensueth a corruption of blood in the line ascending and descending.

"In treason, lands and goods are forfeited, and inheritances, as well intailed as fee-simple, and the profits of estates for life.

"In treason there be no accessaries, but all are principals.

"In treason, no benefit of clergy, or sanctuary, or peremptory challenge.

"In treason, if the party stand mute, yet nevertheless judgment and attainder shall proceed all one as upon verdict.

"In treason, bail is not permitted.

"In treason, no counsel is to be allowed to the party.

"In treason, no witness shall be received upon oath for the party's justification." (Bacon, Works, A Preparation for the Union of Laws, Page 292.)—ED.

are not valid. We also decree that all dowries, donations, and, finally, all alienations of any kind of property whatsoever, which it is established were made after the time when the person implicated decided to join the faction and association aforesaid, whether they were fraudulently or legally effected, shall be of no force or effect.

(5) The wives of the above-mentioned criminals shall recover their dowries, if any property received from their husbands by way of donation was given on condition that it should be reserved for their children; and they are notified that all of said property to which the sons may be entitled by law must be left to Our Treasury, and that the Falcidian portion of the same shall be considered to have been only reserved for the daughters, and not for the sons.

(6) We direct that what We have provided with reference to the aforesaid offenders and their children shall also apply to their followers, associates, and attendants; and We decree that their sons and their abettors shall be treated with the same severity.

(7) If any one of these persons, at the very beginning of the organization of the faction, being animated by a praiseworthy intention, should betray the conspiracy, he shall be honored and rewarded by Us. He, however, who becomes implicated, and afterwards reveals the secrets of the conspirators, unknown up to that time, shall be considered worthy of absolution and pardon.

Given on the day before the Nones of September, during the Consulate of Csesarius and Atticus, 397.

6. This Law is not Authentic.

7. Paulus, On Public Crimes.

It should be remembered that, where any act is alleged to have been committed against the majesty of the Emperor, it is customary for the crime to be prosecuted even after the death of the culprit, since the Divine Marcus ordered the property of the Senator Druncianus, who was the accomplice of Cassianus in his conspiracy, to be confiscated to the Treasury after his death; and, during Our reign, many heirs have been deprived of their right to estates under similar circumstances.

(1) Moreover, in a crime of this kind, involving the majesty of the Emperor, slaves are tortured to obtain evidence against their masters.

8. Martianus on Criminal Prosecutions, Book I, Title: "On the Lex Julia, Relating to the Offence of High Treason."

After the enactment of the Constitution of the Divine Marcus, We have adopted the rule that the accusation of this crime can be made even after the decease of the culprits, so that, if the offender should be convicted after his death, his memory may be condemned to infamy, and his heir deprived of his estate; for in this way a person who has conceived such a wicked design is considered to have been punished from that very moment.1 Thus the Divine Severus and Antoninus

1 The general rule of the Civil Law, however, expressly stated that the mere planning of an illegal act did not involve liability to criminal prosecution. This

decided that, from the instant when a man became guilty of an offence of this kind, he could neither alienate property nor manumit anyone, and that no one could legally pay him a debt. The Great Antoninus stated the same thing in a rescript. Under such circumstances, that is to say, where treason is involved, slaves are put to the question to obtain evidence against their masters.

If the person implicated should die before his case has been decided, his property must be deposited under seal, on account of the uncertainty of his successor; as the Emperors Severus and Antoninus stated in rescripts addressed to the Receivers of the Treasury.

Given on the third of the Nones of March, . . .

TITLE IX.

ON THE LEX JULIA RELATING TO ADULTERY AND FORNICATION.

1. The Emperors Severus and Antoninus to Cassia.

The Lex Julia declares that wives have no right to bring criminal accusations for adultery against their husbands, even though they may desire to complain of the violation of the marriage vow, for while the law grants this privilege to men it does not concede it to women.

Published on the thirteenth of the Kalends of August, during the Consulate of Lateranus and Rufinus, 198.

2. The Same Emperors to Cyrus.

Those are guilty of the crime of pimping who allow their wives taken in adultery to remain in marriage, and not those who merely suspect their wives of having committed adultery.

Published on the Kalends of July, during the Consulate of Anulinus and Fronto, 200.

3. The Emperor Antoninus to Julianus.

Not only the words of the Lex Julia concerning the repression of adultery, but also the spirit of the law, authorize a husband who desires to prove that his wife has been guilty of adultery to do so by torturing slaves of both sexes; and this applies only to the slaves of the persons specially mentioned in the law, that is to say, the woman, and her natural, not her adoptive father; and it forbids the said slaves to be either manumitted or sold within the term of sixty days, to be computed from the date of the dissolution of the marriage, and requires the husband to furnish a bond to the owners of said slaves to indemnify them, if the former should die under torture, or become deteriorated in value, and the woman be acquitted.

was not the case with the early Scotch Code, Regiam Majestatem, said to have been practically copied from Glanvil's treatise, and which declared that the more serious offences, such as treason, homicide, arson, robbery, rape, and forgery, "may be punished not only for any fact or deed, but also for the intent and purpose." (Regiam Majestatem, I, I.)—ED.

Published on the fifteenth of the Kalends of August, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.

4. The Emperor Alexander to Julian, Proconsul of the Province of Narbonne.

If Numerius, who killed Gracchus at night in the act of adultery, did so under such circumstances that he could have taken his life with impunity by virtue of the Lex Julia, what was lawfully done will incur no penalty.

The same rule applies to sons who have obeyed the orders of their father, in a case of this kind. If, however, the husband, rendered insane by grief, killed the adulterer without being legally authorized to do so, even though the homicide may have been excusable, still, because it was committed at night, and his just grief diminished the criminality of the act, he can be sent into exile.

Without date or designation of Consulate.

5. The Same Emperor to Vadantus.

An adulterer cannot be accused after the lapse of five years from the time when the offence is said to have been committed, and these must be reckoned continuously, for the guilty party must not be deprived of the benefit of the prescription allowed by the laws.

Published on the Ides of June, during the Consulate of Maximus, Consul for the second time, and Julianus, 224.

6. The Same Emperor to Sebastian.

Sixty available days are granted by law to a husband desiring to bring an accusation of adultery, during which he will be allowed to do so either against the adulterer or adulteress. If this term should elapse, the husband can still proceed under the law conceding this right to strangers. He who brings an accusation of this kind should have no fear of the penalty for malicious prosecution, for My Divine relatives, the Emperors, have permitted the torture of slaves to establish proof of the crime in the same way as in the case of a husband.

Published on the second of the Ides of August, during the Consulate of Maximus, Consul for the second time, and ^lianus, 224.

7. The Same Emperor to Heruclanus.

The man who afterwards married her cannot be a lawful accuser, where an adult virgin was violated before her marriage; and therefore he cannot prosecute the crime as her husband, unless he was betrothed to the girl who was violated. If, however, she herself, with the assistance of her curators by whom her affairs were transacted, should prosecute for the injury committed upon her, the Governor of the province will impose a severe sentence in accordance with what is required by law for a crime of this kind, if its commission should be established.

Published on the twelfth of the Kalends of June, during the Consulate of Maximus, Consul for the second time, and ^Elianus, 224.

8. The Same Emperor to Domnus.

The Lex Julia relating to chastity forbids the two parties guilty of adultery, that is to say, the man and the woman, to be prosecuted at the same time, and in the same case, but they can both be prosecuted in succession.

Published on the Ides of June, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.

9. The Same Emperor to Proculus.

It is proper for the preservation of virtue during My reign that a woman convicted under the Lex Julia concerning chastity should suffer the legal penalty.

Moreover, anyone that knowingly marries, or takes back a woman convicted of adultery, who has in some way evaded the penalty prescribed for her crime, shall be punished by the same law as a procurer.

Published on the seventh of the Kalends of February, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.

10. The Same Emperor to Demetrianus.

It is not lawful to condone the crime of adultery, and he who is guilty of collusion is in the same position as one who refuses to reveal the truth. Moreover, he who accepts a sum of money to desist from prosecution, in a case where adultery has been discovered, is liable to the penalty imposed by the Lex Julia.

Published on the fifth of the Nones of May, during the Consulate of Fuscus and Dexter, 226.

11. The Same Emperor to Narvanus.

No one doubts that a husband cannot accuse his wife of adultery if he continues to retain her in marriage.

Published on the Kalends of September, during the Consulate of Alexander, Consul for the second time, and Marcellus, 227.

Extract from Novel 117, Chapter XVIII. Latin Text.

Under the new law, however, he can do so, and if the accusation is proved to be true, he can then repudiate her, and he should file a written accusation against her. If, however, the husband should not be able to establish the accusation of adultery which he brought, he will be liable to the same punishment which his wife would have undergone if the accusation had been proved.

12. The Same Emperor to Bassus.

Although, as you allege, he who was convicted of the crime of adultery was not restored to his civil rights; still, since your sister, with whom the adultery was said to have been committed, was not accused, she could not have been subjected to any penalty, or rendered infamous, especially as you state that the accuser afterwards died.

Published on the Kalends of June, during the Consulate of Sabinus, Consul for the second time, and Venustus, 241. T*U

13. The Same Emperor to Sylvanus.

It is an established rule of law that, if the adulteress, after the accusation has been brought against her, should leave the province, she can still be prosecuted while absent.

Published on the Nones of March, during the Consulate of Atticus and Prsetextatus, 243.

14. The Emperor Gordian to Aquila.

If your wife should be guilty of adultery during marriage, you ought to prosecute her in the ordinary manner, in the province in which the adultery was committed. If she committed adultery and married again after you repudiated her, you cannot accuse her, unless the notice of the accusation preceded her second marriage.

Published on the Nones of December, during the Consulate of Gordian and Aviola, 240.

15. The Same Emperor to the Soldier Hilarinus.

If your former wife, before having been accused of adultery, left the province, she cannot be accused while absent; nor can the complaint be legally made or filed in the province in which you were serving as a soldier. Although you will not be permitted to do this while you are in the military service, you can accuse her afterwards, by observing the usual formalities; for the time during which you were performing your duties as a soldier should not deprive you of the vengeance which you demand for the suffering inflicted upon you as a husband.

Published on the fourth of the Ides of March, during the Consulate of Atticus and Praitextatus, 243.

Extract from Novel 134, Chapter V. Latin Text.

If the person guilty of adultery should conceal himself, or should leave the province in which the crime was committed, We order that he shall be summoned by the judge as legally required; and if he does not appear, the proceedings prescribed by Our laws shall be instituted against him. When, however, it is ascertained that he is living in another province, We order the judge of the province in which the crime was committed to send a public letter to the judge of the one in which the delinquent resides. He who receives the said public letter shall arrest the culprit, and send him to the judge of the province in which he perpetrated the offence, to undergo the penalty provided by law, or run the risk of losing his office.

If, however, he who received the public letter aforesaid should neglect to do this, or his subordinate officer should fail to discharge the duties imposed upon him, We decree that the judge himself shall be fined three pounds of gold, and his subordinate an equal sum. But when the judge, or any of his subordinates, in consideration of money paid, do not arrest the offender, or if, having arrested him, do not bring him into the other province, he who is convicted of having done this shall be deprived of. his office and sent into exile.

16. The Emperors Valerian and Gallienus to Archesilaus.

You should appear before the Governor in whose tribunal you have filed your accusation of adultery, if you desire it to be dismissed; but you are mistaken if you think that this can be done without making application to the court, and that, afterwards, you will not be liable to the penalty prescribed by the Decree of the Senate, for the Emperors have frequently decided the contrary.

And you are also notified that, hereafter, you will not have the power to make accusations of this kind; because, by a Decree of the Senate and the Lex Petronia, he who has filed an accusation for adultery and did not prosecute it shall never again be permitted to bring one for this offence.

Published on the fifth of the Kalends of June, during the Consulate of Maximus and Glabrio, 257.

17. The Same Emperors to Victorinus.

You can resume marital relations with your wife without fear of being liable to the penalty prescribed by the Lex Julia, for the suppression of adultery, as you did nothing more than file the written accusation, for the reason that you assert that you afterwards ascertained that you were impelled by groundless indignation to accuse her; for he alone will be liable to the penalty specifically mentioned by the law who is aware that his wife has been publicly convicted of adultery, or that she is an adulteress, as he cannot simulate ignorance of the fact, and retain her as his wife.

Published on the sixth of the Kalends of August, during the Consulate of the Emperor Valerian, Consul for the fourth time, and Gallienus, Consul for the third time, 258.

18. The Same Emperors and the Csesar Valerian to Theodora.

There is no doubt that he who has two wives at once is branded with infamy, for, in a case of this kind, not the operation of the law by which Our citizens are forbidden to contract more than one marriage at a time, but the intention, should be considered; and therefore he who pretended to be unmarried, but had another wife in the province, and asked you to marry him, can lawfully be accused of the crime of fornication, for which you are not liable, for the reason that you thought that you were his wife. You can obtain from the Governor of the province the return of all your property of which you deplore the loss on account of the fraudulent marriage, and which should be restored to you without delay. But how can you recover what he promised to give you as his betrothed ?

Adopted at Antioch, on the Ides of May, during the Consulate of Tuscus and Bassus, 259.

19. The Emperors Diocletian and Maximian to Pompeianus.

Although it is an undoubted rule of law that, whenever an accusation of adultery is made, the presence of the accuser is required, still, as We have learned from your letters that Materia, the wife of

Propositus, who was absent on a journey, was convicted of adultery with Julian after her slaves had been put to torture; and that, when sentence was about to be passed upon her, she demanded that her husband should be present, as the case was almost terminated, and the crime in question had been proved, We do not think that Propositus should be recalled from a distance.

Given on the Nones of December, during the Consulate of the above-mentioned Emperors.

20. The Same Emperors and Cassars to Didymus.

The laws punish the detestable wickedness of women who prostitute their chastity to the lusts of others, but does not hold those liable who are compelled to commit fornication through force, and against their will. And, moreover, it has very properly been decided that their reputations are not lost, and that their marriage with others should not be prohibited on this account.

Published on the third of the Nones of October, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

21. The Same Emperors and Cassars to Silanus.

Although certain times have been prescribed by law with reference to the commission of adultery, and the accusing of wives, which times must be properly computed, still, if you were unable to file an accusation on account of your having a public employment, and the prescribed term expired before you relinquished your office, you have full power to bring the accusation after you have done so. You should, however, not delay after you have vacated the office; nor should you, for the purpose of terrifying your adversary, make a pretence of bringing an accusation with unrestrained impetuosity.

Published on the fourteenth of the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

22. The Same Emperors and Cassars to Oblimosus.

If a woman whom you have carnally known indiscriminately sold herself for money, and prostituted herself everywhere as a harlot, you did not commit the crime of adultery with her.

Published on the twelfth of the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

23. The Same Emperors and Csesars to Proculus.

Slaves cannot accuse their wives of adultery for violation of conjugal faith.

(1) Again, where a man has legally married a wife after she has been divorced, and, through fear of an accusation which had been filed, as well as of the influence of the former husband, gave gold and silver to the accuser; he can appear before the Governor, not only for

the purpose of recovering the property, but also to punish the base desire for gain; and, after the allegations of the parties have been heard, and the truth of the matter inquired into, if he should ascertain that anything had been given by the innocent party on account of the fear of prosecution for crime, he must render his decision accordingly, and in compliance with what has been provided by law.

When, however, it is established that the money was paid as a consideration for dishonorable marriage, and for the purpose of obtaining immunity, he will order that the person who received the money in violation of the Decree of the Senate, in such a detestable transaction, shall be punished.

Published on the Kalends of November, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

24. The Same Emperors and Csesars to Dionysii.

If you should be accused of adultery by her with whom you have lived in violation of law, you can defend yourself by an innumerable number of expedients.

25. The Same Emperors and Csesars to Sossianus.

Although it is established by the contents of certain documents that you are consumed with the lust of immoderate desire, still, as it has been ascertained that you confined yourself to female slaves, and did not have intercourse with free women, it is clear that by a sentence of this kind your reputation suffers, rather than that you become infamous.

Published on the fifth of the Ides of March, during the Consulship of Tiberianus and Dio, 291.

26. The Same Emperors and Csesars to Crispinus.

As Alexander, who was accused of the crime of adultery, pleaded an exception on the ground that the accuser, after the adultery was discovered, kept his wife with him, We think that his status should now be investigated, and the order of the proceeding be reversed, so that, in the first place, inquiry should be made as to the civil condition of Alexander; and if, after having heard the case, you should ascertain that he is free, you can authorize him to plead the exception.

If, however, you should find that he is a slave, all the impediments caused by the exception having been removed, you must immediately punish the accusation of adultery, and if you find him guilty, impose the penalty which the laws have prescribed for the offence.

Given on the fifth of the Kalends of September, during the Consulate of the above-mentioned Emperors.

27. The Same Emperors and Csesars to Phoebus.

Adultery committed with a man whom a woman afterwards married is not extinguished by the fact of the marriage.

Published on the eighteenth of the Kalends of January, during the Consulate of the Caesars.

28. The Same Emperors and Csesars to Concordius, Proconsul of ffumidia.

Our respect for chastity is such that We have determined to remove the ambiguities of former laws, and decide with reference to the trial for adultery; all exceptions having been abolished, except that based on prescription of five years; the one relative to pimping, which can be pleaded against the husband; and that of which the woman can avail herself after the former marriage has been dissolved, and before notice has been served upon her not to contract a second one, namely, that her accomplice in the crime be prosecuted; for it is unworthy that legal technicalities should prevent the punishment of violated chastity.

Published on the Kalends of June, during the Consulate of Tuscus and Anulinus, 295.

29. The Emperor Constantine to Africanus.

It should be ascertained whether the woman who committed adultery was the owner of the inn, or only a servant; and if, by employing herself in servile duties (which frequently happens), she gave occasion for intemperance, since if she were the mistress of the inn, she will not be exempt from liability under the law.

Where, however, she served liquor to the men who were drinking, she would not be liable to accusation as having committed the offence, on account of her inferior rank, and any freemen who have been accused shall be discharged, as the same degree of modesty is required of these women as of those who are legally married, and bear the name of mothers of families.

Those, also, are not subject to judicial severity who are guilty of fornication or adultery, and the vileness of whose lives does not render them worthy of the attention of the laws.

Signed and given at Heraclia, on the third of the Nones of February, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constantius, 326.

30. The Same Emperor to Evagrius.

Although the crime of adultery is included among public offences, the accusation of which is granted to all persons without distinction, still, in order that those who inconsiderately wish to cause discord in households may not be allowed to do so, it is hereby decreed that only the nearest relatives of the guilty party shall have the power to bring the accusation; that is to say, the father, the brother, and the paternal and maternal uncles, whom genuine grief may impel to prosecute. We, however, also give the said persons permission to revoke the accusation, by withdrawing it, if they should so desire.

The husband, above all others, should be considered the avenger of the marriage bed, for he is permitted to accuse his wife on suspicion, and he is not forbidden to retain her, if he only suspects her; nor will he be liable if he files a written accusation when he accuses her as her husband, a privilege which was established by former Emperors.

Moreover, We decree that strangers shall be prevented from bringing such charges, for although every kind of accusation renders the person who makes it in writing liable in case it should not be proved, still, some persons boldly make them and disturb marriages with false denunciations.

Those who have violated the sanctity of marriage should be punished with death.

Published at Nicomedia, on the seventh of the Kalends of May, during the Consujate of Constantine, Consul for the seventh time, and the Caesar Constantius, Consul for the fourth time, 326.

Extract from Novel 134, Chapter X. Latin Text.

At present, however, a woman convicted of adultery is placed in a monastery, from which her husband is permitted to remove her within the term of two years. After the two years have expired, without her husband having taken her back, or, before that, if he should have died, the adulteress, having had her head shaved, and assumed a religious habit, shall remain there during lifetime, and her property, if she has any, shall be divided into three parts, two of which should be given to her children, and the third to the monastery. When she has no children, and her parents are living and did not consent to her crime, they shall receive a third part of her property, and the monastery two-thirds of the same. If her aforesaid relatives are not living, all of her property shall be acquired by her monastery, and, in every instance, all rights under dotal agreements are reserved for the benefit of the husband.

Extract from Novel 117, Chapter XV. Latin Text.

If anyone should notify a man, whom he suspects of being intimate with his wife, three times in writing, in the presence of three witnesses who are worthy of confidence, to discontinue his relations with her, and afterwards should surprise him with his wife, either in his own house, or in hers, or in that of the adulterer, or in a tavern, or in a garden, he can kill her without any risk to himself. If he should find him anywhere else, he must bring him with three witnesses before the judge who will have a right to punish him without any further proceedings.

If, however, after having been notified three times, as above stated, the parties should be found talking together in a church, the husband can deliver both to the defender of the church, or to any other members of the clergy, with the understanding that they must be individually responsible for their custody until the judge having jurisdiction shall order the bishop of the diocese to produce the said persons before him, so that they may be put to torture, and notice be given by him to the Governor of the province, who will impose the penalty prescribed by law.

31. The Emperors Constantine and Constans to the People. When a man marries, and his wife becomes pregnant, what can be desired of the woman when her sex is lost sight of; when what it is of

no advantage to know becomes a crime; when the sexual act assumes another form; when love is sought, but does not appear? We order the laws to rise up, and justice to be armed with the avenging sword, that the severest penalty may be visited upon those who are now, or shall hereafter, be guilty of this infamous offence.

Given at Milan, on the day before the Nones of December, and published at Rome on the seventeenth of the Kalends of January, during the Consulate of Constantine, Consul for the ninth time, and Constans.

32. The Emperors Gratian, Valentinian, Theodosius, and Arcadius to Cynegius, Prsetorian Prefect.

In an investigation of adultery, inquiry must be made without excepting any of all the slaves belonging, not only to the husband, but also to the wife, who are alleged to have been in the house at the time when the adultery was committed.

Given at Constantinople, on the third of the Ides of December, during the Consulate of Arcadius and Bauto, 385.

33. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.

When a charge of adultery has been made, We order that all civil exceptions by means of which a dowry may be claimed, or any other debt demanded, and which are ordinarily pleaded and examined, to be set aside, and that the progress of the case shall not be delayed through their interposition. But when the accusation has been formulated, that is to say, when it has been regularly instituted, whether it was filed under the right of a husband, or under that of a stranger, the crime shall be investigated, the evidence produced, the more important matters in dispute settled, and all civil actions be subordinated to the criminal prosecution. The woman will afterwards have the right to begin any civil proceedings to which he is entitled, provided they do not interfere with the conduct of the criminal case.

Given at Constantinople, on the seventh of the Ides of December, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

34. The Same Emperors to Rufinus, Prsetorian Prefect.

Where persons accused of adultery repel the accusation under the pretext of relationship, stating that, for this reason, allegations relating to commission of the crime ought not to be believed, or that it was impossible that it should have been committed, and they are afterwards married, the offence of which they were accused shall, merely by this fact, be considered to have been proved clearly and by legal evidence. Therefore, if any such persons should be met with, We order that they shall be severely punished, just as if they had been convicted of the crime, and had confessed it.

Given at Constantinople, on the day before the Nones of December, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393.

35. The Emperors Honorius and Theodosius to Palladius, Praetorian Prefect.

If a woman should repudiate her husband without any legal reason having been assigned by her for so doing, We grant the repudiated husband permission to accuse her, if she should stain her widowhood with acts of debauchery.

Given on the twelfth of the Kalends of March, during the Consulate of Eustachius and Agricola, 421.

36. The Emperor Justinian to John, Praztorian Prefect.

Former legislators have directed that the freedom of slaves, who belong either to the wife, the husband, or their parents, in case of the repudiation of either of the parties on account of suspicion of the crime of adultery, shall remain in suspense for the term of two months, which must be reckoned from the date of the repudiation, on account of the torture to be inflicted upon them in case it should be deemed necessary. But, as your wife died after your marriage was dissolved in the above-mentioned manner, nothing further is stated by the authorities concerning any additional time during which the slaves shall be required to remain in their present condition for the reason above mentioned.

It, however, seems to Us to be necessary to fix a certain period in a case of this kind, with a view to determining the question of dowry, and whether it should belong to the husband, or be transferred to the heirs of the wife. Hence We order that, after the death of the wife, another two months shall be added, so that the above-mentioned slaves may remain together, and the husband have the power to prove the adultery by them. When the above-mentioned time has elapsed, the heir of the woman will have permission to grant freedom to the slaves, unless he was to blame for the husband being prevented from bringing the accusation of adultery during the term prescribed by law.

Given at Constantinople, on the fifth of the Kalends of November, after the Consulate of Lampadius and Orestes, 532.

37. This Law is not Authentic.

TITLE X. WHERE A GUARDIAN CORRUPTS His FEMALE WARD.

1. The Emperor Constantine to Bassus, Vicegerent of Italy.

When a guardian violates the chastity of his female ward, he shall be sentenced to deportation, and all his property shall be confiscated to the Treasury, although he must still suffer the penalty which the laws inflict upon ravishers.

Given at Aquileia, on the day before the Nones of April, during the Consulate of Constantine, Consul for the seventh time, and Con-stantius, 326.

TITLE XL

CONCERNING WOMEN WHO COPULATE WITH THEIR OWN SLAVES.

1. The Emperor Constantine to the People.

When a woman is convicted of having secretly had sexual intercourse with her slave, she shall be sentenced to death, and the rascally slave shall perish by fire. Every facility for the proof of this crime shall be afforded all persons, any official can bring the charge, and even the slave-himself shall be permitted to testify concerning it, and if it should be established, he must be granted his freedom. Children born of such an union shall be deprived of all insignia of rank, and shall have nothing but their freedom, nor will they be entitled to receive anything from the estates of their mothers, as bequests under her will, either directly or through the intervention of others.

Moreover, the intestate succession of the woman will pass to her legitimate children, or to her nearest relatives, or to those who are designated by law. All the property which the slave who was convicted may have been entitled to, and anything which could, under any circumstances, have been obtained by the children of this union, as belonging to the woman, can be claimed by the heirs above mentioned.

Given on the fourth of the Kalends of June, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constan-tius, 326.

TITLE XII.

ON THE LEX JULIA RELATING TO PUBLIC OR PRIVATE VIOLENCE.

1. The Emperors Severus and Antoninus to Pelitia.

Those who seize the property of a wife on account of a debt of her husband, or because of some public civil liability which he has incurred, are considered to have been guilty of violence.

Given at Rome, on the Kalends of July, during the Second Consulate of Antoninus and Geta, 206.

2. The Emperor Antoninus to Verus.

If the third part of the property of your guardian, who was convicted under the Lex Julia relating to private violence, has been confiscated to the Treasury, bring an action of guardianship to recover the portion which your guardian obtained from the Treasury, provided no prescription can be pleaded against you, for each heir of the estate is liable for his proportionate share.

Published on the fifteenth of the Kalends of March, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.

3. The Emperors Diocletian and Maximian, and the Csesars, to Bianorus.

If, as you allege, your son's betrothed has been taken away from him, or your son has been shut up, you will not be prevented from bringing an accusation of violence before the Governor of the province under the provisions of the Lex Jidia.

Published at Verona, on the eighth of the Kalends of May, during the Consulship of the above-mentioned Emperors.

4. The Same Emperors and Csssars to Liberating.

If you think that a criminal accusation should be brought on account of the property carried away by a slave, you should not bring it against the master of the slave, but against him who you allege committed the offence. But as you state that you have also been beaten by the said slave Fiscinulus, you can proceed against his master also (if you think that he should be prosecuted for private violence under the Lex Julia) before the Governor, who will not be ignorant in what way punishment should be inflicted, if the crime should be proved.

5. The Same Emperors and Csesars to Oplo.

Even if a creditor should take possession of land by force, he can be accused of private violence under the terms of the Lex Julia.

Ordered at Nicomedia, on the sixth of the Ides of December, during the Consulate of the Csesars.

6. The Emperor Constantine to Catulinus, Proconsul of Africa.

As many crimes are classed under the term "violence," and as force is often employed against those who resist, and blows are inflicted upon others who indignantly return them, and murder not infrequently results, it has been decided that if anyone, either on the side of the person in possession, or on that of him who rashly attempts to obtain it, should be killed, he must be punished who attempted to employ force, and was responsible for the injuries of either party, and he shall not merely be sentenced to relegation, or deportation to an island, but shall suffer death, and the judgment pronounced against him shall not be suspended by appeal.

Given on the fifteenth of the Kalends of May, during the Consulate of Gallicanus, and Bassus, 317.

7. The Same Emperor to Bassus, Prefect of the City.

When anyone asserts that a tract of land, or any other property, belongs to him, and thinks that he is entitled to restitution of possession of the same, or institutes civil proceedings to obtain it or brings an accusation of violence, after having complied with the legal formalities, he is hereby notified that if he cannot prove the commission of the crime, he shall suffer the same penalty which the defendant would have undergone, if guilty. But if, having failed to serve notice upon the party in possession, he should employ force against him, We order that the case involving violence shall be heard

before any others, and whatever has happened to the party in possession should be ascertained, so that the right to possession of the property which he lost may be restored to him; and that, when this has been done, if a criminal accusation should be brought, the penalty for violence shall not be inflicted, but the decision of the entire case shall be postponed, so that the principal matter may be disposed of; and if judgment should be rendered against him, he shall be deported to an island, after the confiscation of all his property.

Published at Rome, on the day before the Nones of October, during the Consulate of Constantine, Consul for the fifth time, and the Caesar Licinius, 319.

8. The Emperors Valentinian, Theodosius, and Arcadius to Albinus, Prefect of the City.

We decree that slaves who have been guilty of violence, whether this is proved by the evidence of witnesses or by their own confessions, and if they have committed the violence without the knowledge of their masters, shall suffer the extreme penalty for the offence which they have perpetrated. If, however, they committed it through fear, or by order of their masters, it is clear that, according to the Lex Julia, the latter should be declared infamous, and be deprived of any privileges they enjoy, either on account of their country, or their birth; and the slaves who are proved to have obeyed such wicked commands shall, after conviction, be sent to the mines. Vile and degraded persons, as well as those who have frequently been convicted of having perpetrated acts of violence, are liable to the same penalty under the Imperial constitutions.

The judge must remember that he will be branded with infamy if he should delay to pass sentence for the crime of violence, after it has been established before him; or should refuse to hear the accusation, or should grant immunity to the offender; or should impose a milder penalty than We have prescribed.

Given at Milan, on the day before the Nones of March, during the Consulate of Valentinian, Consul for the fourth time, and Neoterius, 290.

9. The Emperors Honorius and Theodosius to Aurelius, Prsetorian Prefect.

The crime of one who robs, and of one who knowingly retains the stolen property, are not dissimilar.1

Given on the third of the Nones of March, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, Consul for the fifth time, 415.

1The rapina of the Roman jurisconsults, known to us as highway robbery, was denned by them to be the open and forcible taking away of personal property from another against his will, for the sake of gain. "Rei mobilis alienx ablatio manifesto, et violenta invito domino lucro facienda gratia." The offence is not included among those enumerated in the Laws of the Twelve Tables, hence, as it must have existed in all a.ges, it has very plausibly been surmised that it was orig-

10. The Emperors Leo and Anthemius to Nicostratits, Prsetorian Prefect.

We desire that all persons, both in the towns and in the country, shall be deprived of permission to harbor thieves, vagabonds, and

inally called furtum manifestum, or manifest theft; especially as there is nothing in the etymology of the term furtum, which is, in the slightest degree, suggestive of the concealment which we are accustomed to associate with larceny. It was specifically created a public offence by the Edict of the Praetor, and was confined to movables, which alone would admit of contractatio, or handling (obviously not applicable to real property), which was declared essential to constitute the crime of furtum, whether manifest or non-manifest. It differed from manifest theft solely in being accompanied with violence, and the penalty was the same, namely, quadruple damages—including the article stolen—to be collected by means of the Actio vi bonorum raptorum. The practical identity of the offence with manifest theft is also indicated by the fact that the penal action for the latter could also be brought at the option of the injured person, a proceeding which was, in some respects, the preferable one, inasmuch as the claim for damages did not, in this instance, include the valuation of the property which was the basis of the suit.

The ancient Babylonians punished highway robbery with death, and, in case the criminal escaped, the district in which it occurred was liable for damages. "If a man practice brigandage and be captured that man shall be put to death."

"If the brigand be not captured, the man who has been robbed shall, in the presence of God, make an itemized statement of his loss, and the city and the governor, in whose province and jurisdiction the robbery was committed, shall compensate him for whatever he lost." (The Code of Hammurabi 22, 23.)

It was also punished capitally by the Hindus. "Whoever robs on the Highway: The Magistrate shall cause a Rope to be tied about his Neck, and shall thus deprive him of life." (Gentoo Code XVII, 3.)

The laws of the Saxons required the return of the stolen goods and the payment of a fine of sixty shillings. "If anyone within the limits of our realm commit 'reaf-lac' and 'nyd-naeme,' let him give up the 'reaf-lac' and pay LX shillings as 'wite.'" (Ancient Laws and Institutes of England; The Laws of King Ine, 10.)

"If anyone commit 'reaf-lac' let him give it up, and compensate, and be liable in his 'wer' to the king." (Ibid., The Laws of King Canute, 64.)

The early English jurists, who treated robbery as a form of manifest theft, derived the definition from the Civil Law. "Est etiam quasi furtum, rapina quse idem est quantum ad nos quod roberia, & est aliud genus eontraotationis contra voluntatem domini, & similis posna sequitur vtrumque delictum, et vnde prsedo dieitur fur improbus; quis enim magis contractat rem aliquam inuito domino, quam ille qui vi rapit?" (Bracton, De Legibus et Consuetudinitus Anglix III, 150.)

Employment of violence was always indispensable, but taking from the person was not, if the article was removed from the presence of the injured party against his consent. Its value was not fixed, as in the case of grand larceny, at a specified sum, and anything seized under such circumstances, no matter what it may have been worth, comes within the law. "Robbery est, quant ascun home prent ascu chose del parson du auter felonisement, in tiel cas coment que la chose prise ne soit al value forsque dun denier; vncore ceo est felonye, pur quel il serra pendus."

"Si vn prist ascun de mes chattels apertement deins tiel lieu ou leo suis preset, & encounter mon gree, que ceo est robbery coment que il ne ceo prist de man person." (Staundf orde, Les Plees del Cor on I, 10.)

The definition of robbery as given by the old jurisconsults is still accepted in England. Originally capital, like all serious felonies, it is now punishable by penal servitude for from five years to life. (Vide Stephen, A Digest of the Criminal Law, Arts. 296, 313.)

When this offence is committed, or even an attempt was made to perpetrate it by a number of armed persons, in China, the penalty is death.

The punishment of individual offenders is usually less severe. The magistrates, however, are invested with discretionary power, and can inflict a capital

armed fugitive slaves. If anyone, in violation of this law which We have promulgated for the public welfare, should attempt to entertain armed slaves, vagabonds, or robbers on his premises, or near his person, We order that he shall be punished severely, after having been sentenced to pay a fine of a hundred pounds of gold.

The illustrious Governors of provinces should see that no one dares to violate this law in any respect, and if they do so knowingly, they shall be stripped of their rank and office, and, after having been condemned to pay a fine of a hundred pounds of gold, shall be put to

sentence when there are aggravating circumstances attending the crime, and they must do so if the victim is wounded. "All persons found guilty of taking unlawful possession of the property of others, in open day and by forcible means, shall, however small the amount of the property so taken, be punished with 100 blows and banishment for three years." (The Penal Code of China, Secs. CCLXVI, CCLXVIII.)

Japan punishes robbery with imprisonment for not less than three years in ordinary cases, a term which may extend to five, or even ten years, where justice seems to demand it. (Penal Code of Japan, Arts. 273, 277, 279.)

The penalties in Germany vary from imprisonment for six months, where extenuating circumstances exist, to confinement at hard labor for life, where the crime is of a peculiarly atrocious character. Burglary of an inhabited building is classed under this head. (Strafgesetzbuch filr das Deutsche Reich, Secs. 249, 250, 251.)

Austria prescribes imprisonment of from five to twelve years, dependent upon the conditions under which the crime was perpetrated. The mere display of violence, without taking the property, is sufficient to incur criminal liability. (Allge-meines Strafgesetz, Arts. 190, 191, 192, 193.)

The desire of gain is a necessary element of the offence by Spanish law, and the value of the property involved is an important consideration in passing sentence. The number of malefactors and the fact that they are armed are matters of aggravation, in fixing the penalty; which is imprisonment for from two months and a day to confinement in chains for life. (Codigo Penal de Espana, Arts. 515-529.)

In Prance, anyone guilty of robbery can be sentenced to hard labor for a term of years, or for life. (Code Penal, Art. 382.)

Imprisonment for from three to ten years is the penalty prescribed by the Italian Code. (Codice Penale del Regna d'ltalia, Art. 400.)

Numerous penalties for this offence exist in Portugal. They vary from imprisonment for a few months to more than eight years, which, in aggravated cases, may be followed by banishment for terms up to fifteen years. (Codigo Penal Portuguez, Arts. 432-444.)

Nearly all the penal codes of continental Europe describe burglary as a species of robbery by violence, for which, when committed in an inhabited house, very severe punishment is imposed. When death or wounding result, the offence becomes capital.

American law defines robbery to be "The felonious and forcible taking of the property of another, from his person or in his presence, against his will by violence or by putting him in fear. The property must be the subject of larceny, whether common law or statutory." As in theft, the animus furandi is necessary. Force, either actual or manifested by threats, being absolutely requisite to constitute the offence, the value of the stolen property need not be proved. (Wharton, Criminal Law, Arts. 1081, 1083.)

The penalty under the United States statutes is imprisonment for not more than fifteen years. (Barnes, Federal Code, Sec. 9985.)

In the various commonwealths, the culprit is usually sentenced to a long term of penal servitude; in some of the western states, however, train robbery is a capital crime.—ED.

death, and their principal retainers, as well as the attendants attached to their persons, shall also be condemned to death, in addition to the confiscation of their property.

Given on the fifth of the Kalends of September, during the Consulate of Anthemius, Consul for the second time, 468.

TITLE XIII. CONCERNING THE RAPE OF VIRGINS, WIDOWS, AND NUNS.

1. The Emperor Justinian to Hermogenes, Master of the Offices.

We decree that ravishers of virgins, who are of honorable rank or freeborn, whether they have been betrothed or not, or of widows of any description, whether they are freedwomen or the slaves of others, shall be punished with death, as being guilty of the worst of crimes; especially when they are widows or virgins consecrated to God, for not only in this case is an injury committed against humanity, but against the reverence due to Almighty God himself; since the virginity or chastity which has been destroyed cannot be restored. It is with reason that person of this kind are condemned to death as ravishers, as they are frequently also guilty of homicide.

Therefore, in order that a crime of such atrocity may not go unpunished, We decree by this general constitution that those who perpetrate it, as well as those who aid them at the time, where they are caught in the act and surprised when committing it, can immediately be killed by the fathers or the blood-relatives, guardians, curators, patrons or masters of the said virgins, widows, or women of any description whatsoever, whether they are freeborn or not.

We order that these provisions shall, above all, be applicable to those who have dared to ravish married women, for the reason that they are liable to punishment for a double crime, that is to say, for adultery as well as rape; and it is necessary for the crime of adultery to be punished with greater severity on account of the other offence being added to it. We class with these criminals one who has ventured to ravish the girl who was betrothed to him.

If, however, after the commission of such a detestable crime, the ravisher should be able to defend himself on account of his powerful influence, or to escape by flight, the illustrious Praetorian Prefects, as well as the distinguished Prefect of the City in this Imperial Capital, as well as the eminent Praetorian Prefects in Illyria and Africa, the Generals of the Army, throughout the different portions of Our Empire, the Eminent Prefect of Egypt, the Count of the East, the Vicegerents, Proconsuls, Dukes, and Governors of Provinces, and Judges of every rank, who may be in those places, shall display the greatest zeal and exert every effort to apprehend the culprit, and shall punish with exemplary severity those who have been arrested for the commission of such a crime, and sentence them to death after evidence which is competent and recognized by law has been given, without permitting any exception to be pleaded. If the defendants should wish

to appeal, We, in accordance with the provisions of the ancient law of Constantine, refuse to grant them permission to do so.

(1) When the females who have been violated are either slaves or freedwomen, their ravishers shall only be subjected to the penalty aforesaid, and shall not be deprived of any portion of their property. If, however, such an atrocious crime should be perpetrated against a woman who is freeborn, all the property movable, immovable, or capable of moving itself, which belongs to the ravishers themselves, or to their accomplices, associates, or followers who have given them assistance, shall be transferred to the ownership of the said ravished freeborn woman by a decree of court, and the efforts of her parents, husband, guardians or curators.

When the woman above mentioned is not married, she can lawfully be united in matrimony with any man whomsoever, except her ravisher, and the property of the latter, or as much of it as she may desire, shall be given as the dowry of the woman aforesaid. If she should not be willing to accept a husband, but prefers to remain single, We order that the said property shall belong to her absolutely, and that no judge, or any other person whosoever, shall dare to violate this provision.

No virgin, widow, or any other woman shall be permitted to accept her ravisher as her husband, but any person whom her parents may agree to (her ravishers excepted) can legally marry her, as, under no circumstances, and at no time, shall she be given permission by Us to consent to marry one who, in Our Empire, may attempt to contract marriage in a hostile manner; for, where anyone desires to take a wife, whether she be freeborn or a freedwoman, it is necessary to demand her of her parents, or in accordance with Our laws and ancient customs, of others who have charge of her, so that a lawful union may be effected with their consent.

(2) The penalties which We have previously prescribed, that is to say, those of death and the loss of property, We decree shall not only be inflicted upon the ravishers themselves, but also upon those who accompanied them, and were present when the crime took place. We subject to the punishment of death all those who were aware of and accomplices in a crime of this kind, and have been convicted; as well as those who harbored the culprits, or gave them any assistance, whether they be men or women, no matter of what position, rank, or dignity they may be; and We render them liable to this penalty, whether the offence was perpetrated with or without the consent of the said virgins or women.

If, however, the ravishers themselves refrained from the commission of this crime, being deterred either by fear, or by the severity of the punishment, no reproach can be brought against the woman, whether she gave her consent or not, because this law has been enacted to protect women from the treachery of wicked men, who intend to employ violence. For unless a man solicited her, and deceived her by his detestable arts, he did not induce her to submit to such dishonor; and if her parents, upon whom, above all, devolves the duty of revenge,

should tolerate the crime, and stifle their grief, they shall be punished with deportation.

(3) When anyone of a servile condition is convicted of complicity in a crime of this description, We order him or her to be put to death by fire, without distinction of sex, as this was also very properly provided for by the Law of Constantine.

All the provisions of the Lex Julia, which have reference to the rape of virgins, widows, or nuns, or which are contained in the ancient books of the law, or in the Imperial Constitutions, are hereby abolished for the future, and this law alone shall take the place of all others, so far as what We have decreed concerning the rape of nuns, virgins, and widows is concerned.

Given at Constantinople, on the fifteenth of the Kalends of December, during the Second Consulate of Our Lord the Emperor Justinian, 528.1

1 The term "rape," at Civil Law, had a much broader signification than it has with us; as it included not only carnal knowledge of a woman by violence, but also forcibly carrying her away with that intention, which was sufficient to incur full criminal liability, even though copulation had not actually occurred. The offence was defined, and its punishment fixed by the Lex Julia, 'de vi publica et privata,, in which are enumerated many other breaches of the law, among them sedition, riot, appearing armed in public, arson, false imprisonment, abuse of official power, collecting illegal taxes, and interference with the administration of justice.

The laws of Babylon did not recognize rape as a crime except when committed upon a woman who was betrothed.

"If a man force the (betrothed) wife of another who has not known a male and is living in her father's house, and he lie in her bosom and they take him, that man shall be put to death and that woman shall go free." (The Code of Hammurabi, Sec. 130.)

Under the Salic Law, when three men violated an unmarried free woman, they each became liable to a fine of thirty solidi. Nothing was provided concerning the commission of the act by a smaller number, except where a freedman ravished the manumitted female slave of another, he was fined twenty solidi.

"Si qui tres homines ingenuam puellam de casa aut de screuna rapuerint, unusquisque eorum MCC din, qui fac. sol. XXX culp. iud."

"Si quis libertus libertam alienam rapuerit, DCCC din. qui fac. sol. XX culp. iud." (Lex Salica XIV, XCIII.)

The primary meaning of the verb rapere, to forcibly carry away, was adopted by the Visigoths, who considered the crime to be consummated as soon as this took place, carnal knowledge being merely an aggravation calling for an additional penalty. The rape of a virgin or a widow was punished by the forfeiture of half of the offender's property to the victim, and if sexual intercourse ensued, he was deprived of all his possessions for her benefit, received two hundred lashes in public, and was delivered up to the woman, or her parents, to serve as a slave for life. (Forum Judicum III, III, I.)

When the girl was betrothed, half of his property was given to her, and half to her intended husband; if he had little or nothing, he was sold at auction, and the proceeds equally divided between them. (Ibid., Ill, III, V.)

Violation of a freeborn woman by slaves was punished by scalping, and the infliction of three hundred lashes with a scourge. (Ibid., Ill, III, Vill.)

The rape of a married woman was called adultery with violence, and the perpetrator was given up to the vengeance of the husband. His property was also transferred to the latter, provided he had no legitimate issue.

"Si quis uxori alienee, adulterium intulerit violenter, si ipse adulter filios habens legititmos talia perpetraverit, ipse solus absque rebus addicatur marito mulieris.

TITLE XIV. CONCERNING THE CORRECTION OF SLAVES.

1. The Emperor Constantine to Bassus.

If a master should punish his slave by striking him with rods or straps, or, in order to keep him in custody, should place him in chains,

Si autem filios legitimos non habuerit, quibus facultas sua deberi legitime possit, cum omnibus rebus suis in potestate mariti mulieris deveniet, ut in eius potestate vindicia consistat." (Ibid., Ill, IV, I.)

Rape among the Hebrews was punished capitally when the girl was betrothed, otherwise by the payment of a specified sum regarded as an indemnification for the

injury.

"But if a man find a betrothed damsel in the field, and the man force her, and lie with her, then the man only that lay with her shall die."

"If a man find a damsel that is a virgin, which is 'not betrothed, and lay hold on her, and lie with her, and they be found;"

"Then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days." (Deuteronomy XXII, 25, 28, 29.)

In ancient Greece, a man guilty of this offence was liable to a fine dependent upon the civil condition of the victim.

"He that deflowers a free woman by force shall be fined an hundred drachms."

"He who in the same manner violates a young maiden's chastity shall be fined a thousand drachms." (Potter, Antiquities of Greece I, XXVI, Page 203.)

The peculiar manner in which the accusation was filed and the complaint sworn in Wales carry us back to the oath taken by Abraham's servant in Holy Writ.

"If a man commit a rape upon a woman and then deny it, let there be given the oaths of fifty men, who are all Welshmen and common freeholders, to clear him. If the woman also legally urge her complaint, having taken hold of the privy member of the man with her left hand, and having her right hand upon the sacred relic, let her swear that he by force defiled her with this member, and brought insult and disgrace upon her, upon her tribe, and upon her lord. Some of the judges will not admit of any denial against such an oath, but we have made provision for a denial, as we have previously mentioned."

"If a man commit a rape upon a woman and acknowledge it, let him pay twelve cows as a fine to the lord, and also her commutation fee to the lord. If she were a maid, let him pay her the maiden fee and her dowry to the utmost amount that he ought, as well as her satisfaction and her security; and if she be a married woman, her satisfaction for the insult must be increased one half." (Ancient Laws of Cambria; Laws of Howel the Good, 135, 136.)

The Saxons, like the majority of barbarians, permitted pecuniary compensation or "bot" to be made for the commission of this offence; the amount being regulated according to the "wer," that is, the estimated value of the guilty party, which was determined by his rank and social position.

"If a man carry off a maiden by force, let him pay L. shillings to the owner, and1 afterwards buy (the object of) his will of the owner."

"If she be betrothed to another man in money, let him make 'bot' with XX shillings." (Ancient Laws and Institutes of England; The Laws of King ^thel-bert, 82, 83.)

"If anyone ravish a widow, let him make 'bot' for it with his 'wer.' If anyone ravish a maid, let him make 'bot' for it with his 'wer.'" (The Laws of King Canute, 53.)

The Normans prescribed castration as the penalty.

"Si quis mulierem vi oppresserit et violaverit, membrorum dampno punietur." (Ibid., The Laws of King William the Conqueror XVIII.)

This was based upon the Lex Talionis, and, serious enough in itself, the punishment was subsequently increased by the infliction of blindness, which was in-

no objection can be raised with reference to the time he was confined, and the master need have no fear of criminal prosecution, in case the slave should die. For, indeed, he does not use his rights without moderation in a case of this kind, but he will become guilty of homicide if he should intentionally inflict a fatal wound upon the slave by means of rods, stones, or weapons; or order him to be hung; or direct him to

eurred by the violation of a respectable matron, widow, or nun. Acknowledged concubines were also embraced in this category. "Quod guide crimen si couincatur, sequitur poena s. amissio mebroru, vt sit mebru p membra, quid virgo cum cor-rupitur, mebru amittit, & idea corruptor puniatur in eo in quo deliquit, oculos igitur amittat opter aspectu decoris, quo virgine cocupiuit, amittat & testiculos, qui calore stupri induxerut. No autem sequitur huiusmodi posna de qualibet fce-mina, licet vi opprimatur. 'Sequitur to/men alia grauis & grauior, secundum qd' fuerit nupta, vel vidua honeste viuens, sanctimonialis, vel alia matrona. lie con-cubina legittima, vel alia quasstu faciens sine delectu quide personara." (Bracton, De Legibus et Consuetudinibus Anglix, III, 147.)

Although rape was already a crime at Common Law, the Stat. Westminster, 2, 34, 13, Edw. I, provided: "If a Man ravish a Woman married, Maid, or other, where she did not consent, neither before nor after, he shall have Judgment of Life and Member." (Wingate, Abridgment of All the Statutes, Page 516.) Until the reign of Richard II, the woman could release her ravisher from the penalty by marrying him, a privilege absolutely forbidden by Roman law. The crime could not subsequently be pardoned, and if it was, neither party was allowed to inherit, and the victim, if married, forfeited her dower.

The early English authorities differed as to whether rape could be committed on a child under ten years of age, hence the Stat. 18: Eliz., Cap. 7, was enacted to remove this doubt. This opinion was based rather upon want of physical development than upon presumed mental incapacity to acquiesce.

Modern legislation, designed for the protection of immature girls, and which establishes the age when a female can legally consent to the performance of the sexual act, is inherited from Roman jurisprudence. Stuprum, or fornication, committed on a female child less than twelve years old, was punished by sentence to the mines, or to exile, dependent upon the rank of the offender. (Digest, XLVIII, XIX, 38, 3.) Many nations, among them Scotland, Italy, Spain, Holland, and Japan, following the generally recognized rule concerning puberty adopted by Rome, have fixed the age of consent at twelve; Austria and Belgium at fourteen; France and Sweden at fifteen; and Denmark at sixteen years. England makes the offence a felony when the victim is under thirteen, and a misdemeanor when she is over thirteen, and under sixteen. In this country the age of consent varies from twelve to eighteen years.

Germany punishes rape with penal servitude for not more than ten years. (Strafgetzbuch fur das Deutsche Reich, Art. 176.)

In Austria, the penalty is imprisonment for from five years to life, dependent upon circumstances. (Allgemeines Strafgesetz, Arts. 125, 126, 127.)

By the Penal Code of the Russian Empire, it is not more than ten years at hard labor. (Code Penal Russe, Art. 522.)

French law prescribes from five to twenty years. (Code Penal, Art. 332.)

In Spain rape is to a certain extent synonymous with abduction for immoral purposes, the original meaning of the term being always taken into consideration. (Codigo Penal, Art. 460.)

Italy fixes the penalty at from six months to five years. (Codice Penale del Regna d'ltalia, Art. 340.)

Rape is a felony in every State of the Union, but there is a great difference in the severity of the punishment imposed, which almost always consists of a term of imprisonment. The popular belief in the inadequacy of the latter is disclosed by the frequent burning of negroes in the South. It is a remarkable fact that this is the same penalty established by the Third Section of the preceding law, under which Roman slaves, guilty of rape, were condemned to perish by fire.—ED.

be hurled from a precipice; or give him poison; or lacerate his body publicly by the application of iron hooks to his sides; or burn his limbs with fire; or cause his joints to waste away by depriving them of their humors and blood; or deprive him of life by means of torture worthy of the cruelty of the most savage barbarians.

Given at Rome, on the fifth of the Ides of May, during the Consulate of Constantine, Consul for the fifth time, and Licinius, 312.

TITLE XV. CONCERNING THE CORRECTION OF RELATIVES.

1. The Emperors Valentinian and Valens to the Senate.

We grant the power of punishing minors to their elder relatives, according to the nature of the offence which they have committed, in order that the remedy of such discipline may exert its influence over those whom a praiseworthy example at home has not induced to lead an honorable life.

We, however, are not willing that the right to inflict extremely severe castigation for the faults of minors should be conferred, but that the exercise of paternal authority may correct the errors of youth, and repress them by private chastisement. If, however, the enormity of the deed should exceed the limits of domestic correction, We decree that those guilty of atrocious crime shall be brought before the courts of justice.

Given on the day before the Kalends of December, during the Consulate of Valentinian and Valens, 365.

TITLE XVI. ON THE LEX CORNELIA RELATING TO ASSASSINS.

1. The Emperor Antoninus to HercuLianus and Other Soldiers.

Your brother would have done better if he had surrendered himself to the Governor of the province, for if he had proved that the man was not struck by him with the intention of killing him, the Governor would have rendered a decision in accordance with military discipline by remitting the penalty of homicide; for a crime is committed when the purpose to cause damage is present. Those acts, however, which take place rather through unforeseen accident than from design are, for the most part, attributed to misfortune, and not to an intent to commit injury.

Published on the second of the Kalends of February, during the Consulate of Lsetus, Consul for the second time, and Cerealis, 216.

2. The Emperor Gordian to Quintianus.

He who, when in danger of his life, kills his aggressor or anyone else, should have no fear of prosecution on this account.

Published on the third of the Nones of April, during the Consulate of Arian and Pappus, 244.

3. The Same Emperor to Quintianus.

When anyone kills another who attacks him with a sword, he should not be considered a homicide, for the reason that the defender of his own life is not held to have committed an offence.

4. The Emperor Gallienus to Monatius.

If (as you state) you have killed a robber, there is no doubt that it will be decided that you have lawfully killed him who had the intention of depriving you of life.

Published on the thirteenth of the Kalends of February, during the Consulate of Valerius and Lucillus, 266.

5. Copy of the Imperial Epistle of the Emperors Diocletian and Maximian to Agathus.

If it is true that he who asserts he did not intentionally commit the homicide, but that it took place accidentally, where death appears to have resulted from a kick, no doubt can arise upon this point, and We desire that he shall be freed from any fear and suspicion to which he may have been liable from the facts, as admitted, in conformity with what is set forth by Our annotation.

Given at Sirmium, on the seventh of the Kalends of December, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290. -

6. The Same Emperors and Csesars to Agotius.

If anyone should accuse you under the Lex Cornelia relating to assassins, you must prove your innocence of the crime, and not defend yourself by alleging that you were not of age.

Ordered at Rome, on the sixth of the Kalends of November, under the Consulate of the Csesars.

7. The Same Emperors and Csesars to Philiscus.

He who goes about armed with the intention of killing a man, just as he who does kill one, or through whose evil design such an act is committed, shall be punished with the penalty prescribed by the Lex Cornelia, relating to assassins.

Ordered at Nicomedia, on the seventh of the Kalends of January, during the Consulate of the Csesars.

8. The Emperors Valentinian, Valens, and Gratian to Probus, Praetorian Prefect.

If any person of either sex should kill an infant, he or she is hereby notified that they will be punished with death.

Published at Rome, on the seventh of the Ides of February, during the Consulate of Gratian, Consul for the third time, and Equitius, 374.

9. The Emperors Gratian, Valentinian, Theodosius, and Arcadius to Cynegius, Pr&torian Prefect.

Where a woman is found to have plotted the death of her husband, or to have had the intention of killing him in any other way, or where

a husband has entertained a similar design against the life of his wife, all the slaves of both husband and wife who were in the house at the time, without excepting any of them, shall be put to torture.

Given at Constantinople, on the third of the Ides of December, during the Consulate of Arcadius and Bauto, 385.

TITLE XVII.

CONCERNING THOSE WHO KILL THEIR PARENTS OR CHILDREN.

1. The Emperor Constantine to Varinus, Vicegerent of Africa.

If anyone should hasten the end of either of his parents, his son, his daughter, or any of those relatives whose murder is designated by the term parricide, whether he committed the act secretly or openly, he shall suffer the penalty of parricide, and shall neither be put to death by the sword, nor by fire, nor by any other ordinary method, but shall be sewed up in a sack with a dog, a cock, a viper, and a monkey, and, enclosed with these wild animals and associated with serpents, he shall be either thrown into the sea, or into a river, according to the nature of the locality; so that, while living, he may be deprived of all use of the elements, and during the remainder of his existence, he may be deprived of air, and, at his death, of the earth.

Given on the eleventh of the Kalends of December, during the Consulate of Licinius, Consul for the fifth time, and Crispus, 319.

TITLE XVIII.

CONCERNING POISONERS, DIVINERS, AND OTHER CRIMINALS OF THE SAME DESCRIPTION.

1. The Emperor Antoninus to Titius.

It is a more serious crime to kill a man by poison, than to cause his death by means of a weapon.1

Published without date or designation of consulate.

1 Owing to the atrocious nature of the act, and the facility with which it can be committed, affording the victim no opportunity for defence, the intentional administration of poison was, at Common Law, always considered to indicate deliberate malice.

"The poysoning of any man, whereof he dieth within the year, implieth malice, and is adjudged willful murder of malice prepensed." (Coke, Institutes III, 7, 52.)

"He that wilfully gives poison to another, that hath provoked him or not, is guilty of wilful murder; the reason is, because it is an act of deliberation, odious in law, and presumes malice." (Hale, Pleas of the Crown I, XXVIII, Page 455.)

Modern enactments have rendered the mere administration of poison with homicidal design a capital felony. "Whosoever shall administer to, or cause to be taken by any person, any poison or other destructive thing with intent to commit murder, shall be guilty of felony, and, being convicted thereof, shall suffer death." (Stat. 1, Vie., C. 185, Archbold, Criminal Procedure, Vol. 1, Page 942.)

American jurists do not recognize any difference between malice express and implied. "Our only way of proving malice is by inferring it from circumstances."

2. The Emperors Diocletian and Maximian, and the Cxsars, to Tiberius.

It is a matter of public interest to learn and practice the science of geometry, but the art of divination is damnable, and is strictly prohibited.

Ordered at Sirmium, on the thirteenth of the Kalends of September, during the Consulate of the Caesars.

3. The Emperor Constantine to Maximus.

No haruspex, no priest, and none of those who are accustomed to practice this art, shall approach the threshhold of another, either for this or for any other purpose; but the friendship of men of this kind (even though it may be of long standing) shall be rejected, and any haruspex who approaches another's house shall be put to death by fire; and anyone who has, either by solicitation or with the hope of reward, induced him to come, shall be deported to an island, after his property has been confiscated.

We consider that an accuser of a crime of this kind should not be classed as an informer, but should rather be worthy of reward.

Published at Rome, on the Kalends of February, during the Consulate of Constantine, Consul for the fifth time, and Licinius, 312.

4. The Same Emperor and Csssar to Bassus, Praetorian Prefect.

The knowledge of those who, by means of magic arts, plot against the health or lives of men, or turn chaste minds to licentiousness, should be punished, and repressed by the severest laws. Those, however, who seek remedies for the ailments of humanity, or, while in the country, innocently exert themselves to preserve grapes from showers, or from the effects of rain or hail, ought not to be liable to criminal accusations, as their efforts are directed not to the injury of the health or reputation of mankind, but to prevent the gifts of God and the labors of humanity from being destroyed.

Given at Aquileia, on the tenth of the Kalends of June, during the Consulate of Crispus and Constantius, 321.

5. The Emperor Constantius and the Ctesar Julian to the People.

No one shall consult an haruspex, a diviner, or a soothsayer, and wicked confessions made to augurs and prophets must cease. Chaldeans, magicians, and others who are commonly called malefactors on account of the enormity of their crimes, shall no longer practice their infamous arts. Let all curiosity relating to divination be at an

(Wharton, Criminal Law, Sec. 145.) Nor is the doctrine that death caused by the deliberate administration of poison is wilful murder invariably accepted where no statutory provision to the contrary exists.

"A homicide by poison is not necessarily murder at Common Law. If it is not, it is not murder in the first degree. At the same time, when the evidence shows that the death was effected by intentional and malicious poisoning, the court, when not precluded by statute, may tell the jury that the offense is murder in the first degree." (Ibid., Sec. 511.)—ED.

end, for anyone who hereafter refuses obedience to Our orders shall be put to death, and laid low with the avenging sword.

Given at Milan, on the eighth of the Kalends of February, during the Consulate of Constantius, Consul for the eighth time, and the Caesar Julian, 357.

6. The Same Emperor to the People.

Many persons do not hesitate to disturb the elements by the use of magic, plot against the lives of innocent people, and, by the invocation of household gods, dare to provide means by which anyone can destroy his enemies by evil arts. Such person shall be thrown to wild beasts, as they are of a nature different from that of ordinary mortals.

Given at Milan, on the day before the Nones of December, during the Consulate of Constantius, Consul for the ninth time, and Julian, Consul for the second time, 357.

7. The Same Emperor to Taurus, Prsetorian Prefect.

As the bodies of those who are in the enjoyment of high rank are exempt from torture, except for certain crimes specified by the laws, and as magicians in every portion of the world should be considered the enemies of the human race, and also as those who belong to Our retinue directly offend Our Majesty when they practice these arts, therefore, if a magician, or anyone accustomed to the use of magic verses, and who is usually styled by the people a sorcerer, an haruspex, a soothsayer, an augur, or a diviner, or anyone who employs himself in the interpretation of dreams, or practices anything similar to the arts above mentioned, should be found in My retinue, or in that of the Caesar, he shall be deprived of his rank and punished, and shall not be exempt from torture. And if, after having been convicted, he should continue to deny the offence before those who have detected it, he shall be placed upon the rack, and his sides torn by iron hooks, as these penalties are suitable for a crime of such enormity.

Given on the third of the Nones of July, during the Consulate of Titian and Cerealis, 358.

8. The Emperors Valentinian and Valens to Modestus, Prsetorian Prefect.

The guilt of a person who studies things that are prohibited is equal to that of him who teaches them.

Given at Constantinople, on the day before the Ides of December, during the Consulate of Valentinian and Valens, 365.

9. The Emperors Valentinian, Theodosius, and Arcadius to Albinus, Prsetorian Prefect.

Anyone who learns of, and surprises and seizes another polluted by the practice of magic arts, must immediately expose him, and bring the enemy of the public welfare into court.

If a driver, that is, a charioteer, or any other person, should attempt to violate this law, or should oppress the victim of their perni-

cious arts with secret punishments, he shall not escape the death penalty, as he is subject to suspicion for two reasons; first, because he either prevented him from being publicly dealt with, lest he might reveal his accomplices in the crime, and escape the severity of the laws and the torture to which he was liable; or, because he may have formed an atrocious design to kill his own enemy under the pretext of vengeance.

Given on the seventeenth of the Kalends of September, during the Consulate of Timasius and Promotus, 389.

TITLE XIX. CONCERNING THE VIOLATION OF SEPULCHRES.

1. The Emperor Gordian to Zeno.

Those who knowingly do not hesitate to purchase and sell property destined for religious uses, especially when it has already been employed for that purpose, are warned that although the sale is not valid in law, still, they are guilty of the crime of injury to religion.

Published on the third of the Kalends of March, during the Consulate of Sabinus, Consul for the second time, and Venustus, 241.

2. The Emperor Constantine to Tatian, Prefect of the City.

When a slave who is caught demolishing a tomb did so without the knowledge of his master, he shall be sentenced to the mines. If, on the other hand, he was induced to do so by the authority or order of his master, he shall be punished with relegation. When anything taken from the tomb is found to have been carried either to the city or country home of his master, the house or building, no matter what it may be, shall be confiscated to the Treasury.

Given on the seventh of the Ides of July, during the Consulate of Acindynus and Proculus, 340.

3. The Same Emperor to Limenius, Praetorian Prefect.

Where anyone either violates a tomb, or attempts to do so, and the judges of the district neglect to punish the crime, they shall be fined not less than twenty pounds of gold, which has been fixed as the penalty for violators of tombs, and they shall be compelled to pay it into the Treasury of Our Largesses.

Given on the fifth of the Kalends of April, during the Consulate of Limenius and Catulinus, 349.

4. The Same Emperor to the People.

Those who violate tombs, or, I should say, the houses of the dead, are considered to have perpetrated a double crime; for, by destroying them they robbed those who are buried, and by erecting new structures with the materials, they contaminate the living. Therefore, if anyone should remove from a tomb either stones, marble, columns, or any other materials to be used for building purposes, or should do so with the intention of selling them, he shall be compelled to pay ten

pounds of gold to the Treasury; or if anyone, defending his own tomb, should file such a complaint in court, or some other person should bring the accusation, or notify any official of the act, this penalty ought to be added to the one formerly prescribed; for none of the punishments imposed upon those who violate tombs are considered to have been repealed.

These penalties shall be inflicted upon him who handles the bodies of persons who have been buried, or the remains of the same.

Given at Milan, on the Ides of June, during the Consulate of Constantine, Consul for the ninth time, and the Caesar Julian, 357.

5. The Emperor Julian to the People.

The audacity of the violators of tombs extends even to injuring the busts of the deceased and the consecrated mounds upon which they are raised; and our ancestors always considered it a crime resembling sacrilege to take away stones from them to disturb the soil, and to tear up the turf of the same. It is also deemed an offence to remove the ornaments of tombs for the purpose of decorating banqueting halls or porticoes.

We, therefore, having this in view, in the first place, forbid such acts to be committed under the penalty of sacrilege, lest the respect to which deceased persons are entitled may be violated.1

Given at Antioch, on the day before the Ides of February, during the Consulate of Julian, Consul for the fourth time, and Sallust, 363.

6. The Emperor Justin to Theodore.

As it is unjust, and unworthy of Our reign for injury to be done to the remains of deceased persons by those who allege that the latter were indebted to them, and who, for the purpose of exacting the debt, interfere with their burial, We, in order to prevent this injury from being committed hereafter, and those whose duty it is to conduct the funeral of the deceased from losing their rights, do hereby decree that any instruments which may have been executed by the heirs before the corpse was buried, for the purpose of collecting what was alleged to be due, or any admissions which have been made by them, or any security which has been furnished, or any pledges which have been taken, shall be absolutely void. All pledges which have been given, or money which has been paid, shall be returned, and any sureties who have been furnished shall be released from liability; and, generally speaking, everything shall be restored to its former condition unaltered, and the principal matter, as it was in the beginning, shall be disposed of in court.

Moreover, anyone who has been found guilty of a crime of this kind shall pay fifty pounds of gold, or, if he has not the means to do so, he shall suffer such corporeal punishment as may be inflicted by a competent judge.2

1 Proceedings for the violation of a tomb involved the penalty of infamy. "Sepulcri violati actio infamiam irrogat."—ED.

2 It was the belief of the Romans, who practiced cremation, that a grave became religious the moment the earth was cast upon the bones of the dead; and

Given at Constantinople, on the Kalends of December, during the fifth Consulate of Olybrius, 526.

Extract from Novel 60, Chapter I. Latin Text.

Likewise, anyone who enters the house of a dying person, and annoys either him or others who are members of his family, or attaches seals to his property without having employed the services of an

that then the rights conferred by the laws immediately attached to the place of sepulture. "Nam prius quam in os inieota gleba est, locus ille, ubi crematum est corpus, nihil habet religionis; iniecta gleba turn et illis humatus est, et gleba vocatur, ao turn denique multa religiosa iura conplectitur." (Cicero, De Legibus, II, 22, 57.) Even the tomb of a slave was also invested with this sacred character, which was largely due to the fact that the spirits of departed ancestors were deified, and appropriate sacrifices and other ceremonies were, on certain occasions, regularly performed in their honor at their sepulchres.

Violation of a grave was, in ancient times, punished with much greater severity than it is at present.

In Greece, while the penalty was left to the discretion of the magistrate, it was provided that it should be exemplary.

"He that defaceth a sepulchre, or lays one of a different family in that of another, breaks it, eraseth the inscription, or beats down the pillar, shall suffer condign punishment." (Potter, Antiquities of Greece I, XXVI, Page 207.)

Under the domination of the Visigoths, anyone who damaged a tomb, or robbed a dead body, was compelled to give a pound of gold to the heirs of the deceased, and if there were none, it was paid to the Royal Treasury, and the offender received a hundred lashes. A slave was given two hundred, and then burned to death. In every instance, the return of the stolen property was required. "Si quis sepulcri violator extiterit; aut mortuum expoliaverit, et ei aut ornamenta vel vesti-menta abstwlerit; si liber hoe feeerit, libram auri coactus exsolvat hseredibus mortui, et quie abstulit reddat. Quod si hseredes non fuerint, fisco nostro cogatur inferre, et prieterea C. flagella suscipiat. Servus vero si hoc crimen admiserit, CC. flagella suscipiat, insuper et flammis ardentibus exuratur, redditis nihilominus cunctis qua visus est abstulisse." (Forum Judicum XI, II.)

The laws of Alfonso X imposed a fine of ten pounds of gold, and confiscated the land on which the building materials taken from the tomb were used. If the fine was not paid, the alternative was perpetual exile. Death was inflicted where armed men robbed a corpse; when they were unarmed, the penalty was confinement at hard labor for life.

"Aquel que sacare las piedras e los ladrillos de los monumentos, deuen perder la lauor que fiziere con ellos, e el lugar en que los obrare deue ser del Rey, e demas deue pechar a la Camara del Rey diez librus de oro; e si non ouiere de que las pechar, deue ser desterrado para siempre. E los ladrones que desotierran, o des-pojan los muertos, para furtar los panos en que estan embueltos, si lo fizieren con armas, deuen morir porende; mas si lo fizieren sin armas, deuen ser condenados para siempre a las lauores del Rey." (Las Siete Partidas VII, IX, XII.)

Disinterment of a corpse for gain or dissection was a misdemeanor at Common Law, and became a felony only where the shroud or any of the clothing was taken, the ownership of which was vested in the legal representatives of the deceased. "The property of the sheets was in the executors, administrators or other owner of them, for the dead body is not capable of any property." (Coke, Institutes III, XVLII, 110.)

A corpse itself is not susceptible of larceny. "The dead body of a human being is not capable of being stolen." (Stephen, A Digest of Criminal Law VI, XXXIV, Art. 292.) It is as yet undetermined whether this applies to skeletons and anatomical preparations of dead bodies, or only to the corpse in its entirety. (Ibid.) This would probably depend upon their identification, an almost impossible undertaking, unless their mere possession would afford the presumption of

officer legally authorized to do this, shall lose his right of action after the death of the person aforesaid, and whatever he has taken can be recovered from him by the heirs of the injured party, the third part of his property shall be confiscated, and he himself shall be branded with infamy.

He, also, is liable to the same penalties who interferes with the funeral ceremonies of a deceased person, or forbids them to be celebrated.

Extract from Novel 115, Chapter V. Latin Text.

No one shall hereafter be annoyed on account of any claim owed by a deceased person until nine days have elapsed from the time of his death; and if any bond or similar security should be executed, it will be void. The rights of creditors shall not, however, be prejudiced by this provision.

TITLE XX. ON THE LEX FABIA CONCERNING KIDNAPPING.

1. The Emperor Antoninus to Placidus.

Let your father proceed civilly by an action in rem before a competent magistrate against him by whom he alleges his female slave has been seduced, and that kidnapping has been perpetrated by carrying her away. If he should gain his case, he can also prosecute him criminally under the Fabian Law. If the slave was kidnapped, he will not be forbidden to bring an accusation against him for this offence.1

stolen property. The interests of medical science are obviously opposed to the unqualified adoption of this principle.

The English rule, above stated, is generally applicable in the United States. (Vide Wharton Criminal Law, Arts. 1098, 1176.) The horrible and unfeeling practice of grave-robbing for the purpose of extorting money from the relatives of the deceased, so prevalent in this country in recent times, has caused the enactment of many criminal statutes imposing long terms of imprisonment at hard labor for

this offence.

Violation of sepulchres is punished in Spain by imprisonment for from one month and one day to six months, and a fine of from 125 to 1250 pesetas (Codigo Penal de Espana, Art. 350); in France, by imprisonment of from three months to a year, and a fine of 16 to 200 francs (Code Penal de France, Art. 360) ; in Belgium, by imprisonment of from one month to one year, and a fine of from 26 to 200 francs (Code des Lois Penales Beiges, Art. 453); in Italy, by imprisonment for from three months to three years, and a fine of from 50 to 1500 lire (Codice Penale del Regna d'ltalia, Art. 144); in Portugal, by imprisonment not to exceed one year, and a corresponding fine (Codigo Penal Portuguez, Art. 247); in Germany, by imprisonment at hard labor for not more than two years (Strafgesetzbuch fur das Deutsche Reich, Art. 167); in Austria, by from one to six months' imprisonment, and the penalty for theft, in addition, where anything is stolen (All-gemeines Strafgesetz, Art. 306); in Sweden, by imprisonment for not longer than six months, and a fine of at least 25 riksdalers (Sveriges Rikes Lag XI, Cap. Sec. 4) ; in Japan, by penal servitude for from two to five years (Criminal Code of Japan, Arts. 220, 221, 222.)—ED.

1 The Lex Fabia de Plagiariis was enacted for the purpose of punishing the kidnapping, forcible detention, concealment, purchase or sale of a freeman, a man-

Published on the twelfth of the Kalends of April, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.

2. The Same Emperor to Aurelius.

If you can prove that your slave was harbored by Julianus, and concealed by him for some time, and that he afterwards persuaded him to take to flight, you can either yourself, or by your attorney, prosecute him for the crime, or you can bring the proper action against him, that is to say, one for having corrupted the slave.

Published on the seventh of the Kalends of August, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.

3. The Emperor Alexander to Cornelius.

In order for the penalty of the Fabian Law to be incurred, the charge must be signed, the accusation made, and the sentence passed.

Published on the eighth of the Kalends of July, during the Consulate of Julian, Consul for the second time, and Crispinus, 225.

4. The Emperor Gordian to Paulina.

The sentence pronounced by the Attorney for the Crown, if he did not at the time occupy the place of the Governor, who has power to act under the Fabian Law, is void; as the administration of this law comes solely within the jurisdiction of the Governor of the province.

Published on the third of the Nones of December, during the Consulate of Gordian and Aviola, 240.

5. The Emperors Valerian and Gallienus and the Caesars to Juliana.

If your adversary took your brother away, you should file a criminal accusation against him under the Fabian Law, before the Governor of the province.

Published on the Nones of May, during the Consulate of ^Emilianus and Bassus, 260.

6. The Emperors Diocletian and Maximian to Martiana.

It is not lawful either to sell or give away a fugitive slave. Hence you will understand that you are liable under the law which imposes a certain penalty to be paid to the Treasury on account of crimes of this description, except in the case of co-heirs and partners who, in the division of the common property, are permitted to bid against one another for a fugitive slave. Therefore, in this instance, it is lawful to sell a fugitive slave, and the sale will be valid when he is found and seized by the purchaser.

Published on the third of the Ides of March, during the Consulate of the Caesars.

umitted slave, or one actually in servitude, but to whom the vendor had no title. The detestation to which this crime was regarded by the Romans as affecting the liberty of the citizen is disclosed by the penalties prescribed. The magistrate was invested with discretionary power, and could sentence persons of rank to relegation and the confiscation of half their property, and crucify, or send offenders of inferior position to the mines. A slave who had been convicted of kidnapping was required to remain in bondage for ten years after his master's death. By the laws of the early Emperors, this crime always incurred the penalty of death.—ED.

7. The Same Emperor to Maximus, Prefect of the City.

As you state that certain slaves have been removed from the city by kidnapping, and that freeborn men are sometimes carried away in the commission of the same crime, We decree that you shall have permission to punish such an offence with extreme severity, and, therefore, if you find anyone guilty of it, do not hesitate to sentence him to death, in order that others may be deterred by the penalty, and not venture, by an audacious act of this kind, to kidnap either slaves or freemen from the city, and sell them.

Given on the sixth of the Ides of December, during the Consulate of Diocletian, Consul for the third time, and Maximian, 287.

8. The Same Emperors and Csssars to Confidius.

The Governor of the province, after having first decided the right of ownership, will determine whether the accusation of kidnapping should be heard or not; for if the slave should be found to be your property, the proof of ownership having been established, the intention of the crime will be lacking. If, however, after the question of ownership has been decided, it should be proved that the slave belongs to another, the Governor will hear the criminal accusation.

Published on the eighth of the Kalends of September, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time.

9. The Same Emperors and Csssars to Eugenius.

It is a positive rule of law that he who conceals another's slave is liable under the Fabian Law.

Ordered at Heraclia, on the third of the Ides of May, during the Consulate of the above-mentioned Emperors, 290.

10. The Same Emperors and Csssars to Diza.

It is settled that he who purchases from another a slave that has been kidnapped, and he is not proved to have been an accomplice in the perpetration of the offence, is not criminally liable.

Ordered during the Nones of November, during the Consulate of the above-mentioned Emperors.

11. The Same Emperors and Csesars to Marpiata.

The sale of a kidnapped slave does not change the status, nor, where the crime is committed by the kidnapping of a free person, is the status of the latter affected.

Ordered during the Ides of November, during the Consulate of the above-mentioned Emperors.

12. The Same Emperors and Csssars to Mutianus.

Anyone who knowingly harbors a fugitive slave and receives stolen property is liable on this ground to an action of theft; and the Governor of the province must cause the property to be restored to you, together with the ordinary penalty. If, however, you should bring an

accusation for the crime of kidnapping, he will not hesitate to afford you a hearing.

Ordered on the Kalends of April, during the Consulate of the Caesars.

13. The Same Emperors and Csesars to Severinus.

The accusation of the crime of kidnapping shall be included among those of public offences.

Ordered on the fifth of the Kalends of December, during the Consulate of the Caesars.

14. The Same Emperors and Csesars to Callisthenes.

An accusation for the crime of kidnapping cannot be legally brought when those who are alleged to be guilty assert that they thought that the slaves or free persons in question belonged to them, and that they had good grounds for this belief, and did not adopt it as a pretext for committing the act.

Ordered at Nicomedia, on the day before the Nones of December, during the Consulate of the Caesars.

15. The Same Emperors and Csesars to Pomponius.

Anyone, by selling a freeman without his consent, becomes liable to the penalty for kidnapping if he is aware of his condition.

Given at Nicomedia, on the thirteenth of the Kalends of January, during the Consulate of the Caesars.

16. The Emperor Constantine to Domitius Celsus, Vicegerent of Africa.

Those who inflict wretchedness upon parents by kidnapping their living children are liable to be sentenced to the mines, in addition to the other penalties already prescribed by the laws. Where, however, anyone is accused and convicted of a crime of this kind, if he is a slave or a freedman, he shall be thrown to wild beasts; if he is freeborn, he shall perish by the sword.

Given on the Kalends of August, during the Consulate of Constantine, Consul for the fourth time, and Licinius, 315.

TITLE XXI.

ON THE VlSCELLIAN LAW.

1. The Emperors Diocletian and Maximian and the Csesars to Bacchus.

The Viscellian Law prohibits persons of the condition of freedmen from daring to assume such honors and dignities as belong to those who are freeborn, or to usurp the office of decurion, unless they have been authorized to do so by having obtained the right from the Emperor to wear gold rings, for then they are entitled to the appearance, but not to the actual status of free birth during their lives; and,

without any risk to themselves, can perform the public duties of those offices to which freeborn persons are eligible.

Moreover, any freedman, who declares that he is freeborn, will not only be civilly liable for his acts, but can also be prosecuted criminally under the Viscellian Law. He, also, who usurps the decurionate, shall be branded with infamy.

There is no doubt that individual freedmen, while in the country of their patrons are, in proportion to their means, required to discharge the personal duties to which men of this kind are usually liable.

Published at Antioch, on the second of the Ides of February, during the Consulate of the Caesars.

TITLE XXII. ON THE CORNELIAN LAW WITH REFERENCE TO FORGERY.

1. The Emperor Antoninus to Severinus.

If you accuse the other party of the crime of the substitution of a child, the trial of the case, which is a capital one, should not be deferred until the boy reaches the age of puberty, which has already been decided by Myself and My Divine Father, Severus; for it is probable that the woman who is accused will defend herself in every way possible, to avoid suffering the penalty of death.

Published on the Nones of March, during the Consulate of the two Aspers, 213.

2. The Emperor Alexander to Valerius.

It has been clearly stated in the Rescripts of My ancestors that, when the crime of forgery has been committed by a debtor for the purpose of postponing payment, he should, nevertheless, be compelled to discharge the debt, irrespective of the criminal prosecution.

Published on the third of the Nones of May, during the Consulate of Maximus, Consul for the second time, and ^lianus, 224.

3. The Same Emperor to Cassius. «

Although you have accepted the legacy left you under the will which you allege is forged, and which you accuse your father's wife, that is to say, your step-mother, of having substituted for the genuine will, which she abstracted at a time when you did not know that a crime had been committed, you will, nevertheless, not be prevented from bringing a criminal accusation against her, after the legal formalities have been complied with.

Published on the eleventh of the Kalends of January, during the Consulate of Albinus and Maximus, 228.

4. The Same Emperor to Maximus.

Those who make use of forged rescripts should be punished by a penalty worthy of the offence, and of exemplary severity. Anyone, however, who has been deceived by another, and who can prove his

innocence, and produce the person from whom he received the forged document, shall be released.

Published on the fourth of the Kalends of January, during the Consulate of Albinus and Maximus, 228.

5. The Same Emperor to Petronius.

My principles forbid an accusation of forgery, or of any other capital crime, to be brought against your mother, but this matter does not deprive her of any pecuniary rights; since if any doubt exists with reference to the will in question under which your mother claims a trust, an inquiry can be instituted as to its genuineness, without fear of a criminal proceeding.

Published on the third of the Kalends of September, during the Consulate of Agricola and Clement, 231.

6. The Emperor Philip and the Csesar Philip to Culpius.

Anyone who has asserted that a will is false, and has lost his case, will have no right to a bequest left by the deceased under the terms of said will.

Published on the fifteenth of the Kalends of April, during the Consulate of Philip and Titian, 246.

7. The Emperors Valerian and Gattienus and the Csesar Valerian to Heliodorus.

You yourself state that when your adversaries first produced the instruments in question, you suspected their genuineness; therefore, having made a compromise, it will be difficult for the Governor of the province to permit you to denounce as forged the documents which you have once accepted.

Published on the third of the Kalends of July, during the Consulate of Fuscus and Bassus, 240.

8. The Same Emperors and Csesars to Marinus.

If you state that certain codicils were forged by the persons against whom you filed your petition, they cannot escape the accusation denying that they availed themselves of the same; for those alone can be benefited by abstaining from the use of an instrument of this kind who are not themselves alleged to have been the forgers of it, and whom the employment alone of the said instrument would render liable.

Those, however, who after criminally forging the codicils, have incurred the severity of the Cornelian Law, cannot avoid punishment for the crime, by setting up the defence that they have refused to make use of them.

Published on the third of the Kalends of July, during the Consulate of .^Emilianus and Bassus, 260.

9. The Emperors Carinus and Numerianus to Mesius. If you should prove before the Governor of the province that you are the heir at law of the person who wrote the codicil, the ordinary

rule is that, after you have been placed in possession of the estate, you must execute the trusts which have been lawfully bequeathed, unless it is your intention to prove that the codicil is forged. But if you have instituted criminal proceedings, and they have been dismissed through Our indulgence, you will still be entitled to an investigation, and can bring a civil action in order to determine the genuineness of the codicil. Published on the third of the Kalends of April, during the Consulate of Carinus, Consul for the second time, and Numerianus, 284.

10. The Emperors Diocletian and Maximian to Legitim,us.

If you intend to accuse your uncle's wife of the crime of the substitution of a child, you must bring and prove your accusation before the Governor of the province.

Published on the eleventh of the Kalends of October, during the Consulate of Diocletian, Consul for the second time, and Aristobulus, 285.

11. The Same Emperors and Csesars to Isidore.

Where a pecuniary case can be referred to ordinary judges, they can, in conformity with the opinion of that most learned jurist, Paulus, also decide civilly with reference to the genuineness of written instruments.

Published on the tenth of the Kalends of July, during the Consulate of Diocletian, Consul for the third time, and Maximian, 287.

12. The Same Emperors and Ctesars to Primus.

Prosecution for the crime of forgery, like almost all others, is not barred by prescription, unless twenty years have elapsed.1

Ordered on the sixth of the Ides of January, during the Consulate of the Cassars.

1 It was the ancient rule in England, in accordance with the maxim, "Nullum, tempus occurrit Regi," that the lapse of no time, however long, would be a bar to either civil or criminal proceedings instituted in the name of the Crown. This was afterwards changed by custom as well as statute. "At Common Law appeals (i. e. formal accusations) were to be brought within a year and day after the offence committed." (Danvers, A General Abridgment of the Common Law, Vol. I, Page 491; Britton, De Legibus Anglicanis, Cap. XXIV, Pages 45, 46; Staunforde, Les Plees del Coron II, Cap. 13.) The limitation is said by Blackstone to have been derived from the Goths. "Prsescriptio annalis qux currit adversus actorem, si de homicida ei noh constat intra ammum a ciede facta nee quenquam interea arguet et accusat." (Commentaries on the Laws of England IV, XXIII, Page 315.) By Stat. 13, Car. II, Chap. \, the time was shortened in cases of treason. "No Person by virtue of this Act shall incur any Penalty unless he be prosecuted within Six Months after the Offence committed, and indicted within Three Months after such Prosecution." (Wingate, Abridgment of all the Statutes from the Beginning of Magna Charta, Page 631.) By the Treason Act, 1695, it was extended to three years, except only when the assassination of the King by poison or otherwise had been planned. (Vide Stephen, Commentaries on the Laws of England VI, VI, Page 144.)

As a rule, the prosecution of felonies is not barred by statutory enactment in England or our country. This does not include the laws of the United States^ which provide that no prosecution, trial, or punishment of any capital offence shall

13. The Same Emperors and Csesars to Marcus.

Anyone who states in writing that a certain person was present and received his property, when in fact he was absent, does not prejudice the rights of the said person who was not aware of the facts, but renders himself liable to criminal prosecution.

Published on the sixth of the Kalends of January, during the Consulate of the above-mentioned Emperors.

14. The Same Emperors and Csesars to Gentianus.

It is well known that anyone who conceals or abstracts a will is guilty of the crime of deceit.

Ordered at Sirmium, on the third of the Kalends of January, under the Consulate of the above-mentioned Emperors.

15. The Same Emperors and Csesars to Rufus.

If a creditor, acting in collusion with his debtor, sold you the tract of land, he has committed the crime of deceit, and has done you no injury, but, on the other hand, has rendered himself liable to prosecution for the offence.

Ordered on the thirteenth of the Kalends of February, during the Consulate of the Csesars.

16. The Same Emperors and Csesars to Fortunatus.

There are two ways open to a person desiring to contest the genuineness of a will. Therefore, although you cannot institute criminal proceedings by an attorney, still you will not be prevented from bringing a civil action impeaching the genuineness of the will, as the accused cannot only legally be sued by another, but can also be criminally prosecuted by him who brings the civil action.

Ordered at Sirmium, on the eighth of the Ides of February, during the Consulate of the Caesars.

17. The Same Emperors and Ctesars to Menelaus.

As a forged will or codicil cannot be rendered valid by the lapse of any period of time, so one which is genuine and legal cannot be an-

take place after three years from the date of its commission have expired. When the revenue laws have been violated, the term is five years. (Barnes, Federal Code, Arts. 1445, 1448.) Many of the States have statutes of limitations applicable to misdemeanors.

In France, a malefactor is not liable to prosecution for a serious crime after ten years from its perpetration, provided no legal investigation of the same has been begun in the interval. Criminal proceedings for minor offences cannot be instituted after three years. (Code Penal de France, Arts. 637, 638.)

Spain prescribes criminal action for felonies after twenty, fifteen, and ten years; for other breaches of the law the time is from two months to one year. (Codigo Penal de Espana, Art. 133.)

In Italy, the term varies for from six months to twenty years, dependent upon the nature of the offence (Codice Periale del Regna d'ltalia, Art. 91) ; in Germany, it runs from three months to twenty years (Strafgesetz fur das Deutsche Reich, Sec. 67) ; and in Portugal, from one to fifteen years (Codigo Penal Portuguez, Art. 125).—ED.

nulled. Therefore if you wish to punish the crime, either by a public accusation or a civil suit, the Governor of the province, provided he has previously been convinced of the truth of your assertion by other .evidence, will only direct those slaves to be produced who can be interrogated.

Ordered at Sirmium, on the third of the Ides of February, during the Consulate of the Caesars.

18. The Same Emperors and Csesars to Maximus.

Legal possession does not render a title valid which was fraudulent in the beginning, therefore you can institute a criminal prosecution against those whom you allege are contesting the ownership of the land with you.

Ordered on the third of the Nones of March, during the Consulate

of the Csesars.

19. The Same Emperors and Csesars to Cosmia.

Even if you are interested in the matter, still you should deliberate carefully in your own mind as to your course, in order that you may not bring an unlawful accusation by alleging that the instrument which you have signed is forged. But as it is not permissible to accuse women of forgery in matters in which they are not directly interested, and you acknowledge that you formerly gave this same land to another, you ask that the power of bringing the accusation be granted you contrary to the rule of law.

Ordered on the eighth of the Ides of March, during the Consulate of the Csesars.

20. The Same Emperors and Csesars to Rufinus.

The fact that the copy of the rescript was incorrectly made should not delay its investigation by the judge to whom the case was assigned, as the parties will not be liable to a criminal prosecution unless they have intentionally committed forgery.

Signed on the eleventh of the Kalends of November, during the Consulate of the Csesars.

21. The Emperor Constantine to Mechilius Hilariamis.

If a decurion should write a will, a codicil, or any other instrument for.the disposition of the property of a person who is dying, or should officially draw up any public or private documents, and then be prosecuted for forgery, he shall be deprived of his office, and subjected to torture if the case requires it.

He, however, who is accused of an act of this kind, does not immediately cease to be a decurion, for he will remain such so far as his municipal functions are concerned; but he cannot avail himself of the privileges of the decurionate with reference to the matter in controversy, the truth of which is to be ascertained. Nor can he who was formerly a notary, and afterwards became a decurion, plead the

privileges of this office for the purpose of escaping torture on account of documents which he formerly drew up, as their genuineness must be proved by the author himself if circumstances demand it.

Given on the third of the Kalends of February, during the Consulate of Sabinus and Rufinus, 316.

22. The Same Emperor to Maximus, Prefect of the City.

When the investigation of a case of forgery takes place, every attempt must be made to obtain proofs, witnesses, comparison of documents, and all other methods of ascertaining the truth, nor shall the accuser be the only person interrogated, or be required to furnish all the evidence, but the judge must occupy an intermediate position between the two parties, and not divulge what he thinks by means of any interlocutory decree, unless he gives some indication, which is solely required by his duty as a magistrate, for the purpose of furthering the proceedings; and he must finally state his opinion in the decision which he renders.

We limit the prosecution of a criminal case of this kind to the term of two years, which it shall not be lawful for either party to exceed. And the beginning of the same shall arise at the time when the accusation is contested before a competent judge; and, after the crime has been proved, the person who committed the forgery shall be put to death, if the enormity of the offence demands it; or he shall be sentenced to deportation.

Published on the eighth of the Kalends of April, in the Forum of Trajan, during the Consulate of Constantine, Consul for the seventh time, and the Caesar Constantius.

23. The Emperors Valens, Gratian, and Valentinian to Maxima, Prsetorian Prefect.

We grant permission to litigants, after a disputed instrument has been presented to the court, for him who questions its genuineness, to be compelled to publicly state whether he intends to proceed criminally or civilly with reference to the alleged forgery. If he intends to proceed criminally, he must bring an accusation for forgery, and as soon as the civil suit has been terminated by a decision, the criminal prosecution can take place, so that if anyone should attempt to introduce wills, receipts, attestations, public or private accounts, agreements, letters, final dispositions, written proofs of donations, bills of sale, or any other documents, the contestant shall have the power to bring the accusation.

With reference to the civil investigation, however, a less rigid examination of the parties litigant should be made, as the judge who presides over the criminal trial can punish the false statements of the plaintiff and the criminal acts of the defendants with legal penalties.

Published at Rome, on the sixteenth of the Kalends of May, during the Consulate of Valens, Consul for the fifth time, and Valentinian, 376.

24. The Emperors Valentinian, Theodosius, and Arcadius to Proculus,'Prefect of the City.

Whether a civil or a criminal proceeding (as may be selected by the plaintiff) has been instituted with reference to codicils, or other written instruments which have been produced in court, We grant permission for the proof of the genuineness of said instruments first to be required of him who offered them in evidence, and then he who , is ready to prove that they are forged shall be allowed to establish his

allegations.1

Given on the tenth of the Kalends of February, during the Consulate of Timasius and Promotus', 389.

1 The practice of forging, altering, destroying, and substituting wills having become so prevalent under the Republic as to become an intolerable abuse, the Lex Cornelia was enacted, at the instance of Sylla, with a view to preventing it by means of the severe penalty of interdiction of fire and water. This law did not, however, apply to other crimes of a similar character, and its scope was greatly enlarged by subsequent legislation, so as to include false swearing, subornation of perjury, forgery, the execution or attestation of any written instrument, conspiracy to cause the death of innocent persons, counterfeiting, and the sale or suppression of testimony. This was the crimen falsi of Roman jurisprudence, which, while embracing nearly every species of deceit by whose agency anyone might be prejudiced, or deprived of his rights, was generally synonymous with the fabrication, or fraudulent alteration of documents to which, when not otherwise distinctly specified, it was presumed to refer. The punishment was afterwards changed to deportation, hard labor in the mines, crucifixion, and death.

The crimen falsi, with, however, a more restricted meaning and application, was known to the Common Law of England, and originally had particular reference to the forgery of the seal of the king and of those of members of the royal family. It also included the attaching of false seals to private instruments. The penalty was either banishment or death by hanging. "Crimen vero falsi dicitur, cum quis accusatus fuerit quod sigillum regis, vel appellatus quod sigillum Domini sui de cujus familia fuerit, falsaverit, & brevia inde consignaverit, vel chartum aliquam vel literam ad exhxredationem Domini vel alterius damnum sic sigillaverit; & quibus casibus si quis inde convictus fuerit, detractari meruit & suspendi. Et quod de hujusmodi falsar1 dicitur, de sigilla adulterina chartis & literis apponenti-bus dicatur id idem." (Fleta, Commentarius Juris Anglicani I, 22.)

In after times, the signification of the term became fully as extended as under the Civil Law, to which it owed its origin.

The Visigoths placed perjury and forgery in the same category, and punished both alike. (Forum Judicum II, IV, VII; VII, V, II.)

By the Babylonian law, a perjurer received the same penalty as the person against whom he swore falsely would have received, had his crime been successful.

"If a man, in a case (pending judgment), bear false (threatening) witness, or do not establish the testimony that he has given, if that case be a case involving life, that man shall be put to death."

"If a man (in a case) bear witness for grain or money (as a bribe), he shall himself bear the penalty imposed in that case." (The Code of Hammurabi 3, 4.)

This rule was also adopted by the Hebrews. "And the judge shall make diligent inquisition; and, behold, if the witness be a false witness, and hath testified falsely against his brother:

"Then shall ye do unto him, as he had thought to have done unto his brother." (Deuteronomy XIX, 18, 19.)

Mohammedan authorities vary as to the punishment to be inflicted upon one who gives false testimony. Some confine themselves to publicly denouncing the culprit as infa^nous; others declare he should be scourged. (The Hedaya II, XXI.)

In ancient Athens, the perjurer could be compelled to answer in a private proceeding at the instance of the injured party. "Let the penalty of the action

TITLE XXIII.

CONCERNING THOSE WHO DRAW UP WILLS UNDER WHICH THEY ARE BENEFICIARIES.

1. The Emperor Antoninus to Valatius.

Although jurists hold that it is contrary to the Cornelian Law for an emancipated son, at the dictation of his father to write in a will, that he is his heir, still, if before the will was drawn up he would have been his lawful successor, and had acquired possession of the property, he would be considered his heir; just as if your father had appointed you his heir with his own hand, and you had only discharged your duty as his son.

Published on the Nones of September, during the Consulate of the two Aspers, 213.

2. The Same Emperor to Atticius.

If the testator, who wrote the codicil with his own hand, stated therein that either a legacy or a trust was left to you, you will not be considered to have incurred the penalty imposed by the Decree of the Senate. But if he mentioned in the codicil that he had dictated the will, you should not claim the legacy or the trust, and you will be released from liability for the penalty on account of Our Imperial indulgence.

Published on the Ides of December, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.

3. The Emperor Alexander to Martial.

It was forbidden by the Decree of the Senate and the Edict of the Divine Claudius that those who write the wills of others—even though at the dictation of the testators—should include in them any bequest to themselves, and the penalty of the Cornelian Law is imposed upon anyone who does so. The Senate and the Emperors very rarely pardon anyone who requests it, when he attempts to excuse himself on the

called tytvboiiaprvpia be in force against those who bear, or suborn false witnesses." (Potter, Antiquities of Greece XXVI, Sec. 19.)

Forgery, as a branch of the crimen falsi, was formerly punished in Scotland by the amputation of the hand. The offence was afterwards made capital. (Vide Erskine, Principles of the Law of Scotland IV, IV, 34.)

The sentence for perjury was confiscation, imprisonment for a year and a day, infamy, and incapacity to again testify in court. (Vide Mackenzie, The Laws and Customes of Scotland in Matters Criminal I, XXIX.)

In the United'States, as in England, unless special statutory provisions have been enacted declaring prosecution of forgery at Common Law abolished, it may be instituted. Where certain kinds of forgery have been defined as felonies, those not enumerated are still punished as misdemeanors under the Common Law. (Vide Wharton, A Treatise on Criminal Law, Sec. 859.)

The same rule, to a certain extent, applies to perjury. "Perjury is at common law simply a misdemeanor. And false swearing, when not technically perjury, may, nevertheless, be at Common Law indictable as an independent misdemeanor, when the oath is taken to affect a judicial right." (Ibid., Sec. 1508.)—ED.

ground of ignorance, and offers to reject whatever has been left to him

by the will.

Published on the seventeenth of the Kalends of April, during the Consulate of Maximus, Consul for the second time, and ^Elianus, 224.

4. The Same Emperor to Crescens.

Any legacies which a husband wrote with his own hand in the will of his wife are held not to have been written, and the penalty of the Cornelian Law will apply if pardon is not obtained.

Published on the third of the Nones of February, during the Consulate of Fuscus, Consul for the second time, and Dexter, 226.

5. The Same Emperor to the Soldier Gallieniis.

The slave whom you mentioned in the will of your fellow-soldier, by his order, as having been left to you, is considered as not bequeathed, and therefore you cannot claim the legacy. The penalty of the Cornelian Law, however, so far as you are concerned, is remitted through My indulgence, for I think that you were rather mistaken than guilty of malice.

Published on the seventeenth of the Kalends of July, during the Consulate of Fuscus, Consul for the second time, and Dexter, 226.

6. The Emperors Diocletian and Maximian, and the Csesars, to Aufidiiis.

If you, under the direction of your master, wrote with your own hand in his will that you were to obtain your freedom, and as you state that your master did not sign the will, and did not expressly admit, by any written instrument, that you were entitled to your freedom, the terms of the Decree of the Senate oppose your receiving it. You are, however, released from the penalty of forgery, as you could not antagonize your master.

Published on the sixth of the Ides of December, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

TITLE XXIV. CONCERNING COUNTERFEIT MONEY.

1. The Emperor Constantine to Jamiarius.

As certain makers of counterfeit money are perpetrating their crime in secret, all persons are notified that they are required to detect men of this kind, so that their guilt having been ascertained, they may be delivered up to the judge, and immediately be put to torture to compel them to reveal their accomplices, and then be punished as they deserve. We grant immunity to their accusers, and as their civil conditions vary, rules are hereby established by Us with reference to each of these.

If any soldier should permit a criminal of this description, who has been arrested, to escape, he shall be punished with death; and anyone

not a soldier, who is guilty of such an offence, shall be denied the right of appeal. If a soldier, or an officer, should himself commit this crime, he shall be brought before competent judges with due regard to his rank.

Any house or field where counterfeiting has taken place shall be confiscated to the Treasury, and if the owner was in the neighborhood, he shall be punished for carelessness or neglect, even if he was not aware of the commission of that offence, unless being ignorant in the beginning, he divulged the crime as soon as he found it out; for, in this instance, his land or his house will not be liable to confiscation.

When, however, he was at a great distance from his house or his land at the time, he will sustain no injury, but the agent in charge of the property, the slaves, the tenants, or the serfs, whose services are employed in its management, together with the individual who actually perpetrated the offence, shall be capitally punished.

We, however, consider widows and minors worthy of special indulgence, and direct that widows, who may have been in the vicinity, should not be deprived of their houses or lands, if they themselves were in no way implicated in so serious a crime. Moreover, children under the age of puberty, even if they are accomplices, shall not suffer any loss, because their age, which renders them deficient in judgment, release them from liability. But if their guardians are in the neighborhood, they will incur the penalty, for they should not be ignorant of what their wards are doing; and if they are solvent, as much of their property shall be forfeited to the Treasury as their wards would have been compelled to pay had they been convicted.

Given on the twelfth of the Kalends of December, during the second Consulate of the Cassars, Crispus and Constantine, 521.

2. The Same Emperor to TertuUus, Prefect of the City.

When anyone makes counterfeit money, We order that his entire property shall be confiscated to Our Treasury, for We wish that money shall be coined only in Our mints. Those who are guilty of counterfeiting have committed high treason, and a reward is promised to their accusers. Whenever a counterfeiter of solidi, or anyone who has placed them in circulation, is convicted, he shall instantly, and without delay, be put to death by fire.1

Given at Milan, on the day before the Nones of July, during the Consulate of Constantine, Consul for the seventh time, and Con-stantius, 326.

1 The classification of this offence, as well as its mode of punishment, was borrowed directly by England from the Civil Law. It was specifically made treasonable by the Stat. De Proditionibus, 25 Ed. Ill, 5, 2 (Wingate, An Exact Abridgment of all the Statutes, Page 627), prior to which time no clear or precise definition of the most serious crime against the state had been formulated. Counterfeiting the King's seal or money, had, however, always been treason at Common Law, under the title of crimen falsi. (Vide Glanvil, Tractatus de Legibus & Con-suetudinibus Regni Anglia} I, II, XIV, Vill.)

"Continet etiam sub se crimen Isesse maiestatis, crimen falsi, quod quidem multiplex est: vt si quis falsauerit sigillum domini regis, vel monetam reproba/m

3. The Emperors Valentinian, Theodosius, and Arcadius to Rufinus, Prsetorian Prefect.

If anyone should extort the privilege of coining money, either by virtue of a rescript or a permit issued by Us, he shall not only lose the benefit of the permission which he has obtained, but will also suffer the penalty which he deserves.

Given at Constantinople, on the Ides of July, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393.

TITLE XXV. CONCERNING THE CHANGE OF NAME.

1. The Emperors Diocletian and Maximian, and the Csesars, to Julian.

As in the beginning, private individuals have the right, for the purpose of recognition, to give their children such names and surnames as they may desire, so a change of name does not prejudice innocent persons. Therefore, if you are a freeman, you can legally change your name or surname without committing a fraud; and you are not forbidden to do so in accordance with the laws which have been frequently enacted on this subject, and your rights will not, on this account, be prejudiced in the future.

Given on the fifteenth of the Kalends of January, during the Consulate of the above-mentioned Emperors.

TITLE XXVI.

ON THE JULIAN LAW RELATING TO POLITICAL CORRUPTION.

1. The Emperors Arcadius and Honorius to Pompeianus, Prefect of the City.

Let no one presume to again apply for the office of commander, enumerator, jailer, or any other employment, as one term of these is

fabricauerit & huiusmodi." (Bracton, De Legibus & Consuetudinibus Anglix III, 118b.)

Coke remarks with reference to the above-mentioned statute, "The forging of the king's coine is high treason, without utterance of it, for by this act the counterfeiting is made high treason." (Institutes III, I, Page 16.)

Even so late as 1721, a woman was, under circumstances of incredible atrocity, publicly burnt at Tyburn for coining. (Vide Pike, A History of Crime in England, Vol. II, Page 288.)

The Anglo-Saxon law, suggestive of the Lex Talionis, imposed the penalty ol amputation without the right to commute it. "He who after this shall make false (money), let him forfeit the hands with which he wrought that false, and not redeem them with anything neither with gold nor with silver." (Ancient Laws and Institutes of England, Laws of King Cnut, Sec. 8.)

By the old Scotch law, the property of anyone guilty of falsun, or counterfeiting, was confiscated, and he was either burnt or hanged. (Mackenzie, The Laws and Customes of Scotland in Matters Criminal I, XXXVI, Page 383.)—ED.

sufficient for the public welfare. If anyone of such persons should, by means of an Imperial Rescript, fraudulently acquire an office a second time, what he obtained in this way shall be considered as void, and he shall be held to a strict accountability for the acts which he performed during his previous administration.

Those who violate this law shall be sentenced to the penalty of deportation, in accordance with the terms of the Lex Julia, relating to political corruption.

Given at Milan, on the day before the Kalends of June, during the Consulate of Stilicho and Aurelian, 400.

TITLE XXVII. ON THE JULIAN LAW RELATING TO EXTORTION.

1. The Emperors Gratian, Valentinian, and Theodosius to Matro-nianus, Duke and Governor of Sardinia.

In order that the penalty inflicted upon one person may strike many others with fear, We order that a duke who has been guilty of extortion shall be sent, under a sufficient guard, into the province which he plundered, and be compelled against his will to pay not only fourfold the value of what he himself extorted or took from the inhabitants of Our province, but also of anything which the members of his household and his soldiers and attendants may have obtained in this manner.

Given at Constantinople, on the day before the Ides of June, during the Consulate of Antoninus and Syagrius, 382.

2. The Same Emperors to Florus, Praetorian Prefect.

All judges are notified that, so far as their own extortions are concerned, the pecuniary penalties imposed cannot only be collected from them, but also from their heirs.

Given on the Kalends of September, during the Consulate of Antoninus and Syagrius, 382.

3. The Same Emperors to Marcellinus.

All magistrates and judges are hereby notified that they must keep their hands off of the money and estates belonging to litigants, and not think that the controversies of others may be a source of plunder for themselves, for judges and traders in private litigation are liable to the penalties prescribed by the laws.

Given at Milan, on the day before the Nones of April, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.

4. The Same Emperors and Arcadius, Edict Addressed to the Inhabitants of the Provinces.

We order, and We urge that if any public official, decurion, landlord, and finally any vassal or person of any rank whatever, should have been, in any way, harassed by a judge, or if anyone should know

that a judicial decree was obtained by the use of money, or that a penalty was remitted through a reward, or with the hope of gain, or where anyone can afterwards establish the dishonesty of a judge in any case, he must denounce him, and furnish evidence in support of his accusation, either during his administration, or after he has relinquished his office; and, if he should prove the crime, he shall be honored and glorified for having done so.

Given at Constantinople, on the tenth of the Kalends of July, during the Consulate of the Noble Prince Honorius, and Evodius, 386.

5. The Emperors Valentinian, Theodosius, and Arcadius to Sever-inus, Count of Private Affairs.

Let every Attorney of the Crown, Steward of the Royal Household, secretary, collector, or tenant of anyone, who remembers that the Count of Our Private Affairs has extorted money from him, and he to whom he paid it has retired from office, demand what he paid before Your Excellency, within the term of one year, and whatever he refunds shall be credited on his account.

When, however, the prescribed time has elapsed from the date of his laying aside his office, no accusation of this kind shall be heard, but We decree that the Attorneys themselves, the Stewards, the tenants, the secretaries, and the collectors aforesaid shall be held liable for payment.

Given at Milan, on the day before the Nones of June, during the Consulate of Valentinian, Consul for the fourth time, and Neoterius, 290.

6. The Emperors Theodosius and Valentinian to Florentinus, Prsetorian Prefect.

We order that men shall be selected for the government of provinces whose lives are honorable, and who are not attracted to the office by ambition or the desire for gain, but who are deemed worthy of promotion by Your Excellency, so that those who are chosen for the place by yourself or by Us, having been sworn, may state that they have not given anything in order to obtain the office to which they have been appointed, and that they will never in the future give anything, either themselves, or by other persons for that purpose, in violation of the law, and of their oath, nor enter into an agreement of this kind, by way of a sale or donation, or under any other pretext.

They should also swear that, with the exception of their salaries, they will not accept anything whatever during their administration, or after they have relinquished their office, in consideration of any favor which they may bestow during their term, and which they should grant without reward.

And although We believe that no one, by violating his oath, will forget the fear of God, and prefer some present advantage to his own salvation, still, in order that the danger of punishment may be added to the fear of Divine retribution, We grant to all persons the right of accusation, as of a public crime, where any official dares to

disregard the oath which he has taken, and this applies not only to him who received the presents but also to him who gave them; and anyone convicted of this crime shall be fined quadruple the value of what was given or received.1

Given at Constantinople, on the sixth of the Kalends of December during the Consulate of Theodosius, Consul for the seventeenth time and Festus, 439.

TITLE XXVIII. CONCERNING THE CRIME OF EMBEZZLEMENT.

1. The Emperors Honorius and, Theodosius to Rufinus, Prsetorian Prefect.

Judges who misappropriate public money during their administration incur the penalty imposed by the Lex Julia relating to embezzlement, and We order that they shall suffer capital punishment, and that those shall be subjected to the same penalty who are guilty of complicity with them, or who knowingly received the property misappropriated by them.

Given at Constantinople, on the fifth of the Nones of March, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, Consul for the sixth time, 415.

TITLE XXIX. CONCERNING THE CRIME OF SACRILEGE.

1. The Emperors Gratian, Valentinian, and Theodosius to Eutro-pius, Prsetorian Prefect.

Those who fail to observe, or violate the sanctity of the Divine Law and offend either through ignorance or neglect, commit sacrilege.

Given at Thessalonica, on the third of the Kalends of March, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

2. This Law is not Authentic.

3. The Same Emperors to Symmachus, Prefect of the City.

The conduct of the Emperor should not be discussed, for it is the same as sacrilege to doubt whether he whom the sovereign selects for an office is worthy or not.

Given at Milan, on the fifth of the Kalends of January, during the Consulate of Richomer and Clearchus, 384.

1 This offence has been defined as follows: "Extortio est crimen quando quis colore offcii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum."—ED.

4. The Same Emperors and Arcadius to Eutropius, Prsetorian Prefect.

Let no one think that he who desires to receive and administer an office, in the same province in which he is both an inhabitant and a citizen, is not guilty of sacrilege, unless the Emperor himself has voluntarily granted someone this privilege by a rescript.1

Given on the sixteenth of the Kalends of August, during the Consulate of Arcadius and Bauto, 385.

TITLE XXX.

CONCERNING SEDITIOUS PERSONS, AND THOSE WHO DARE TO ASSEMBLE THE PEOPLE AGAINST THE GOVERNMENT.

1. The Emperors Gratian, Valentinian, and Theodosius to Floren-tius, Augustal Prsetorian Prefect.

If anyone should attempt to stir up the populace contrary to the plain provisions of the law enacted on this subject, and resist the public authorities, he shall be subjected to the severest punishment.

Given at Constantinople, on the thirteenth of the Kalends of January, during the Consulate of Richomer and Clearchus, 384.

2. The Emperor Leo to Erythrius, Prsetorian Prefect.

No seditious speeches shall be made with tumultuous clamor in any city or elsewhere, nor shall any offensive words be uttered against any official of the government; and those who make such speeches and incite such tumults are hereby notified that they will, under no circumstances, obtain anything which they demand, but that, on the other hand, they will be liable to the penalties which the ancient laws provide against the authors of seditions and tumults.

Given at Constantinople, on the second of the Nones of March, during the Consulate of Leo, Consul for the sixth time, 474.

TITLE XXXI.

WHEN A CIVIL ACTION CANNOT BE BROUGHT AT THE

SAME TIME ALONG WITH A CRIMINAL PROSECUTION, AND

WHETHER BOTH PROCEEDINGS CAN BE INSTITUTED BY

THE SAME PERSON.

1. The Emperors Valens, Gratian, and Valentinian to Antony, Prsetorian Prefect.

It has been generally laid down by a majority of jurists that whenever both a criminal and a civil action will lie in a private matter, both of them can be brought, no matter which may first be instituted; and when the civil action has not been filed, the criminal one can be,

1 A person guilty of sacrilege was considered by the Romans as worse than a thief. "Sacrilegus omnium prsedonum cupiditatem et scelera superat."—ED.

and vice versa. Hence, if anyone has been forcibly dispossessed of property, and for the purpose of recovering it has made use of the interdict Unde vi, it is still not forbidden to bring a criminal accusation under the Julian Law relating to public violence. And where a will has been suppressed, and proceedings have been begun under the edict providing for its production, a criminal prosecution is authorized by the Cornelian Law having reference to wills.

When a freedman alleges that he is freeborn, he can be prosecuted civilly on account of the services due to his patron, as well as criminally under the Viscellian Law. Under this head also is classed the action of theft, as well as that created by the Fabian Law.

There are many other instances which cannot be enumerated here : where when one action is brought first, it is lawful to try the case again by having recourse to another. According to this statement of the law, there is no doubt that the crime of forgery, which has already been made the subject of a civil action, can also be prosecuted criminally.

Given on the day before the Kalends of January, during the Consulate of Valens, Consul for the sixth time, and Valentinian, Consul for the second time, 378.

TITLE XXXII. CONCERNING THE CRIME OP PLUNDERING AN ESTATE.

1. The Emperors S&verus and Antoninus to Euphrata.

You cannot prosecute your co-heir for the crime of plundering the estate when you acknowledged that, after having examined the property in the common chest, the keys of the same were delivered to him. When a demand is made to produce the property in court, he cannot be compelled to adjust his accounts, for after the property for which the demand was made has been produced, the decision of the controversy should be left to the proper judges.

Published on the twelfth of the Kalends of May, during the second Consulate of Antoninus and Geta, 206.

2. The Emperor Antoninus to Primus.

You are not prevented from prosecuting your step-father for the crime of plundering the estate, before the Governor of the province.

Published on the seventh of the Kalends of March, during the Consulate of Lsetus, Consul for the second time, and Cerealis, 216.

^

3. The Same Emperor to Helena.

If you have entered on the estate of your grandfather, you will not be prevented from prosecuting your step-mother for the crime of plundering the estate.

Published on the third of the Nones of January, during the Consulate of Sabinus, and Anulinus, 217.

4. The Emperor Gordian to Bassus.

The heirs of a deceased husband cannot prosecute his widow for the crime of plundering his estate (as she is, both humanly and divinely speaking, the partner of her husband). Therefore you can sue for the property, which you allege she has abstracted, by bringing the proper action in rem; or, if she has been guilty of fraud in order to avoid having possession of the chattels, you can compel her to produce them, and she cannot acquire the ownership of the income of any property which she retained in bad faith, for although she is not liable to prosecution for the crime of plundering the estate, there is no doubt whatever that the income from the same can be recovered by a suit if it is in existence, and if it has been consumed, a personal action may be brought for its value.

Published on the sixth of the Kalends of March, during the Consulate of Atticus and Praetextatus, 243.

5. The Emperor Philip and the Csesar Philip to Simplicius.

Legatees, even when they were the freedmen of the deceased, cannot be deprived of the benefit of their legacies, under the pretext that the estate has been plundered, especially when the case has not been heard.

Published on the fifteenth of the Kalends of February, during the Consulate of Philip and Titian, 246.

6. The Same Emperor and Csesar to Basilia.

It is a well-settled rule of law that the crime of plundering an estate can be prosecuted, even where a civil action for the same cause has failed.

Published on the tenth of the Kalends of March, during the Consulate of ^milianus and Aquilinus, 250.

TITLE XXXIII. CONCERNING PROPERTY CARRIED OFF BY VIOLENCE.

1. The Emperor Gordian to Valerius.

It is an established principle of law that an action brought for the recovery of property carried away by violence, and which includes a penalty, has reference rather to property which is movable and can move itself than to land illegally occupied.

Published on the Kalends of March, during the Consulate of Atticus and Praetextatus, 243.

2. The Emperors Valerian and Gallienus to Longinus.

If the heir of the donor forcibly deprived you of the movable property, whose ownership you acquired by a legal donation, you have the right to bring suit for quadruple damages on the ground of property taken by violence, within a year; and, after that time, you will not be prevented from bringing an action for simple damages.

Published on the seventh of ... May, during the Consulate of Secularus and Donatus, 261.

3. The Emperors Diocletian and Maximian, and the Csesars, to Evelpistus.

It is settled that a creditor who forcibly removes property which has been pledged to him does not perform a lawful act, but commits a crime, and there is no doubt that he can be sued for quadruple damages on the ground of having carried away the property by violence within the available year, or for simple damages after the year has expired.

Ordered at Sirmium, on the seventh of the Kalends of January, during the Consulate of the above-mentioned Emperors.

4. The Same Emperors and Ciesars to Attains.

With reference to property which a slave belonging to another is said to have, removed by violence, without the knowledge of his master, the latter can be sued for quadruple damages in a noxal action on this ground before a competent court within a year, and, after that time, an action for simple damages can be brought against him.

Ordered at Heraclia, on the second of the Kalends of May, under the Consulate of the above-mentioned Emperors.

5. The Same Emperors and C&sars to Domna.

Whether you think that you should proceed against your stepmother in an action based on voluntary agency, or in one for the forcible removal of property, by means of which quadruple damages can be recovered within the available year, and similar damages afterwards; you can bring your suit before the Governor.

Ordered at Philippopolis, on the sixth of the Nones of July, during the Consulate of the above-mentioned Emperors.

TITLE XXXIV. CONCERNING THE CRIME OP SWINDLING.

1. The Emperor Alexander to Alexander.

You acknowledge that you have committed a dishonorable and criminal act by having pledged the same property to several persons, and that, when contracting the last obligation, you concealed the fact that the said property was already encumbered to others. You will provide for your security, and avoid prosecution for crime, if you pay your debts to all your creditors.

Published on the fifth of the Ides of February, during the Consulate of Pompeianus and Pelignus, 232.

2. The Emperor Gordian to Valens.

If your father gave you a donation, and, at the time when you were emancipated, transferred to you by delivery the ownership of the said property, and afterwards hypothecated it to his creditor as his

own, without your consent, he does not prejudice your rights, nor can he be prosecuted for the crime of swindling, because of knowingly encumbering to his creditor as his own, and without your consent, property which he knew belonged to another.

Published on the second of the Kalends of January, during the Consulate of Gordian and Aviola, 240.

3. The Same Emperor to Hadrian.

Swindling should not be included among public crimes. Published on the Ides of April, during the Consulate of Atticus and Prsetextatus, 243.

4. The Emperor Philip to Eutropius.

Advantage cannot be taken of the ignorance of a creditor without incurring the risk of punishment, where property encumbered to him has already been legally pledged or hypothecated to another; for fraudulent acts of this description should be regarded as unusual offences, and it has been repeatedly stated in rescripts that swindling must be severely punished. Hence your debtor either attempted to take advantage of your ignorance, or, if the obligation was legally contracted, he fraudulently tried to deprive you of your right by conniving with a person for this purpose, whom he pretended to have a prior lien on the property pledged; and you can appear before the court having jurisdiction which will render a decision in conformity with law and equity.

Published on the sixth of the Ides of May, during the Consulate of Peregrinus and .^Emilianus, 245.

TITLE XXXV. CONCERNING INJURIES.

1. The Emperor Alexander to Syrus.

It is not lawful to injure the slaves of others.

Published on the eleventh of the Kalends of December, during the Consulate of Alexander.

2. The Same Emperor to Clavus.

The action for injury will lie in your favor for two reasons: first, because a husband is understood to have some regard for his wife's reputation for chastity; and second, because a father is considered to sustain damage when the character of his daughter is assailed.

Published on the day before the Ides of May, during the Consulate of Agricola and Clement, 231.

3. The Emperor Gordian to Donatus.

If you did not denounce anyone, you should have no fear that your reputation has been damaged, because certain persons, with the intention of injuring you, have called you an informer; and, further-

more, you can bring an action for injury in the usual way against those who are ascertained to have done anything -for the purpose of reflecting upon your character.

Published on the second of the Ides of July, during the Consulate of Gordian and Aviola, 240.

4. The Emperors Valerian, Gallienus, and the Csesar Valerian to Vindius.

It is perfectly clear that an atrocious injury has been committed, if at the time when this was done you were in the exercise of your duty as priest, and wore the habit and the ornaments of your profession; and therefore you can bring a criminal prosecution in order to obtain redress.

Published on the second of . . . , during the Consulate of Mmili-anus and Bassus, 260.

5. The Emperors Diocletian and Maximian, and the Cazsars, to Victorinus.

If you can prove that you did not intentionally make use of any abusive expression, the truth of this fact will protect you from an accusation of slander. If, however, during a quarrel, and while inflamed with anger, you accused someone of homicide, and twelve months have elapsed since that time, as an action for injury committed is barred by prescription after the expiration of a year, you cannot be sued on that ground.

Published on the sixth of the Ides of July, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

6. The Same Emperors and Csesars to Flavianus.

As the justice of the law does not permit patrons to commit injuries against their freedmen, and you state that the heirs of your patron have injured one who received his freedom from the defunct, the Governor of the province will see that the insults of the heirs cease.

Published on the Ides of July, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290. j

7. The Same Emperors and Caesars to Potentianus.

The commission of injury gives rise to a private action, and not to a criminal prosecution.

Ordered at Sirmium, on the Ides of February, during the Consulate of the above-mentioned Emperors.

8. The Same Emperors and Csesars to Martian.

It is established that a master can bring suit for an atrocious injury suffered by his slave, in accordance with the terms of the Perpetual Edict, by which it is plainly stated that an action for damages will lie.

Ordered on the fifteenth of the Kalends of November, during the Consulate of the above-mentioned Emperors.

9. The Same Emperors and Csesars to Nonna.

There is no doubt that persons who, for the purpose of rendering them infamous, have stated that the children of a certain individual were slaves, can be sued in an action of injury.

Ordered at Nicomedia, on the sixth of the Kalends of December, during the Consulate of the above-mentioned Emperors.

10. The Same Emperors and Csssars to Paulus.

If Zenodorus (for the purpose of defaming her) said that your grandmother was a female slave, belonging to the City of the Coman-.ensians, and did nothing more, an action for injury committed can immediately be brought against him. If, however, he persists in his assertion, you have the right to defend yourself in court, and then, if your grandmother should not be decided to be a slave, it is settled that you can bring your suit*

Ordered at Nicomedia, on the fifteenth of the Kalends of January, during the Consulate of the Csesars.

11. The Emperor Zeno to Alexander, a Man of Illustrious Rank.

When the criminal action for the commission of injury which the ancient legal authorities included among private offences is brought by persons of illustrious rank, whether they hold any office or not, or by their wives, their sons, or their daughters (of course, during .the lifetime of their fathers or husbands), or if it should be brought against any person of this description, We decree that the said persons shall file their complaints in writing, and solemnly observe all the other legal formalities which are usually complied with in such cases. The illustrious accuser or defendant, or his wife, or children of either sex shall, during the lifetime of their parents, have the right to defend themselves, or file the accusation in a criminal case for injury in any court having jurisdiction, by an attorney; and the judge shall render his decision according to law against the party who appointed the attorney, even if he himself was not present in court, but tried the case by his attorney, provided, however, that no one else shall be so bold as to claim this privilege for himself, or to ask Us to grant it; but with respect to others, the practice of the courts which has been observed up to the present time shall prevail hereafter.

Given at Constantinople, on the fifth of the Nones of November, during the Consulate of Illus, 478.

TITLE XXXVI. CONCERNING DEFAMATORY LIBELS.

1. Edict of the Emperors Valentinian and Valens. If anyone should find a defamatory libel in a house, in a public place, or anywhere else, without knowing who placed it there, he must

either tear it up before anyone else finds it, or not mention to anyone that he has done so. If, however, he should not immediately tear up, or burn the paper, but should show it to others, he is notified that he will be liable to the punishment of death as the author.

Where anyone having a view to his own duty or to the preservation of the public safety mentions the name of the culprit, and states with his own mouth what he thought reprehensible in the libel aforesaid, let him be under no apprehensions, for if the truth should be established by his assertions, he will be entitled to the greatest praise, as well as to a reward from Us. If, however, he should not be able to prove the truth of his statements, he shall be punished with death.1

A libel of this kind does not injure the reputation of another.

1 The famosus libellus of Roman jurisprudence belonged to the class of injuries, A word of indefinite signification referring to acts implying malice and having a direct tendency to damage someone either in person or reputation. An injury might be actual, such as assault and battery; or verbal, as slanderous expressions, bringing their object into public contempt. It, in.many respects, corresponds to our "tort," and was defined by the ancient authorities, in general terms, as everything illegally done: "Omne quod non jure fit."

The Laws of the Twelve Tables authorized the enforcement of the Lex Talionis in the case of serious injury, where it was possible; and when it was comparatively slight, established a regular schedule of indemnities, the least of which was twenty-five asses. (Leges XII Tabularum VII, VII.) This, however, was ultimately abrogated by the equitable jurisdiction of the Praetor, who permitted a civil or criminal action for damages to be instituted, the amount of which was fixed by the plaintiff himself, subject to revision by the court, who, if he thought best, could either allow or diminish it. "Index uel tanti condemnat quanti nos xstimauerimus, uel minoris, prout ei uisum fuerit."

It was essential for malice to be proved in an action for slander or libel, and if the truth of the statements which formed the basis of the suit could be proved by the defendant, he was permitted to do so.

Many of the verses and inscriptions, known as graffiti, as well as the caricatures, left by the scribbling populace of Roman cities upon the walls of public buildings for the amusement and edification of posterity, although often of an undoubtedly libelous character, were never removed by the authorities, who seem to have manifested a singular indifference towards insults and defamation when published in this manner. These were the precursors of the pasquinades of more recent times.

No suit would lie where the alleged injury was not intentional, was the result of a mistake, or originated in an act of pleasantry. But even a mere gesture, if obviously designed to cast opprobrium or insult upon anyone, was actionable, although no words whatever may have accompanied it. Under the Lex Cornelia, de injuriis, the injured person could proceed both civilly and criminally where the act complained of was of a peculiarly violent or atrocious character. The right of action De injuria was transmitted to heirs, where joinder of issue had taken place before the death of the plaintiff.

A gesture of contempt, without sufficient cause, incurred severe retribution among the Babylonians. "If a man point the finger at a priestess or the wife of another and cannot justify it, they shall draw that man before the judge and they shall brand his forehead." (The Code of Hammurabi, Sec. 127.)

That species of Lex Talionis which deprived a man of the member with which he committed the offence was a popular and effective penalty in antiquity.

The Hindus punished abuse of a magistrate with amputation of the tongue, confiscation of property, and banishment. In all other cases of slander a fine was imposed, which varied with the rank and caste of the offender. (Gentoo Code XV. I, II.)

Given at Constantinople, on the fourteenth of the Kalends of March, during the Consulate of Valentinian and Valens, 363.

TITLE XXXVII. CONCERNING CATTLE THIEVES.

1. The Emperors Honorius and Arcadius to Pasiphilus.

The accusation of a cattle thief not only can be made in writing, but can also be instituted without that formality.

Given on the sixth of the Kalends of January, during the Consulate of Olybrius and Promotus, 395.

With the Saxons, the burden of proof, showing damage to property, rested on the complainant, and injury to reputation was not taken into account. "And he who shall accuse another wrongfully, so that he, either in money or in prosperity, be the worse, if then the other can disprove that which anyone would charge to him, be he liable in his tongue, unless he make him compensation with his 'wer.' " (Ancient Laws and Institutes of England; The Laws of King Edgar II, 4.)

Libel, as a specific offence, is not recognized by Mohammedans, and slander is limited to direct accusations, or insinuations relating to sexual misconduct, such as adultery, promiscuous illicit intercourse, and, under certain restrictions, illegitimacy. (The Hedaya II, VII, V.)

While the law of libel was known to the early English legal writers, the offence was not considered one of a serious nature, but is designated a misdemeanor. Bracton places it among minora et leviora crimina, but says little or nothing about this breach of the law, or its punishment. It was not until the reign of Charles I that prosecutions for it assumed a definite form, and they were principally directed against those who, with evidently malicious intent, had attacked the government, the King, or his ministers. Such cases were tried in the Star Chamber, and involved imprisonment, fine, exposure in the pillory, and loss of ears. (Vide Stephen, A History of the Criminal Law of England II, XXIV, Page 305.)

The present English law, based on the Libel Acts, pays special attention to seditious libels, and such as are designed or published with a view to extortion. Malicious defamatory libels are punished by a fine to be fixed by the court, or by imprisonment not to exceed one year. (Vide Stephen, Commentaries of the Laws of England IV, IV, IV, 11.)

Criminal libel is thus defined by American jurists. "A defamatory libel is matter published without legal justification or excuse, the effect of which is to insult the person of whom it is published, or which is calculated to injure the reputation of any person by exposing him to hatred, contempt, or ridicule." (Wharton, Criminal Law, Sec. 1915.) Anything which, when made the ground of a civil action, would be considered libelous without demanding special damage is indictable, as are also blasphemy, or obscene pictures or writings. Mere observation by a third party is sufficient to constitute publication. While at Common Law truth was not a justification, and could not be set up as a defence, the rule is now different both in England and the United States. "The publication of a libel is not a misdemeanor if the defamatory matter is true, and if the publisher can show that it was for the public benefit that such matter should be published." (Ibid., Sec. 1968.) Where, however, malice exists, this principle is not applicable. (Vide also Ibid., Secs. 1919, 1926, 1927, 1940.)

Libelous or slanderous statements published against the sovereign or officials of the government are generally, in the countries of continental Europe, classed as instances of lese majesty, and punished accordingly. When a private person is the object of such attacks, the penalty is, of course, not nearly so severe.—ED.

TITLE XXXVIII.

CONCERNING THE PROHIBITION OF DAMAGING THE LEVEES OF THE NILE.

1. The Emperors Honorius and Theodosius to Anthemius, Praetorian Prefect.

If anyone should hereafter, contrary to the ancient practice observed throughout Egypt, seize land left by the overflow of the Nile, within twelve cubits from the bank of the said river, in violation of the peculiar and ancient customs of that country, he shall be burned to death in the place in which he displayed his want of reverence for antiquity, and, to a certain extent, attacked the security of the Empire itself. His accomplices and companions shall be sentenced to deportation, and without ever being granted permission to obtain pardon, or recover either their citizenship, their rank or their property.

Given at Constantinople, on the tenth of the Kalends of October, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

TITLE XXXIX.

CONCERNING THOSE WHO CONCEAL ROBBERS OR OTHER CRIMINALS.

1. The Emperors Vcdentinian, Valens, and Gratian to the Vicegerent Simplicius.

Those who conceal persons guilty of crime must expect the same penalty, to which they have rendered themselves liable by having associated with them, and anyone who knowingly harbors robbers, and neglects to give them up to justice, shall, in the discretion of the judge, be punished corporeally, or by a pecuniary fine, according to his rank.

Published at Rome, on the tenth of the Kalends of April, during the Consulate of Gratian, Consul for the third time, and Equitius, 374.

2. The Emperors Honorius and Theodosius to Palladius, Pras-torian Prefect.

When any robbers or other malefactors reside or conceal themselves on the land of another, the owner of the property (if he is present) or his agents (if he is absent), or the persons having the control of the same, are obliged to voluntarily deliver up the said criminals; and if they knowingly should not do so of their own accord, they shall be notified by the civil authorities to surrender those who are sought, in order that they may be tried and punished according to the nature of their offences.

Where, however, the owners of the land or their agents, or those having charge of the same, do not promptly give them up, then the Governor of the province, having been applied to, must take all legal measures to arrest them. When a sufficient force cannot be obtained

to do this, on account of their number, and the above-mentioned malefactors resist the officers of the law, or otherwise manage to avoid arrest, then the judge of the province, mindful of his responsibility, shall ask assistance from the tribune or commanders of the soldiers who are in the neighborhood, in order that the accused persons, having been seized by the soldiers, may be placed in the hands of the law, without damage or injury to anyone, and, after conviction, may undergo suitable penalties.

The judge, however, should not forget that if he requests the aid of soldiers against one who is innocent, or for any motive than the trial of robbers or other dangerous persons, or subjects the people of the province to unnecessary expense, he will be liable to the severest punishment which Your Highness may determine to be appropriate. If the tribunes, commanders, or other officers, who are in the neighborhood, after having been notified by the judge, should refuse to afford assistance, or if any injuries should be inflicted by the soldiers themselves upon the inhabitants of the provinces, they must make good all losses and damages, and be punished with the greatest severity besides, in accordance with the judgment of the illustrious commander-in-chief.

The owners of the land aforesaid, or their agents, or whoever has charge of the same, shall not go unpunished, if, being present, and aware of the facts, they do not voluntarily surrender the guilty parties; or, if having been notified, they delay to produce them; but the proprietor of the land shall be deprived of his ownership of it, and the agent or superintendent shall be sentenced to perpetual exile.

When the agents themselves, the owner, or the superintendents of the land, acknowledge that they are unable to control the multitude of peasants and criminals aforesaid, and make this statement openly in the tribunal of the province, the Governor shall cause military aid to be furnished by the tribune or the other officers, if he should ascertain that the power of the civil authorities is not sufficient; but when, after the production of the alleged culprits, it becomes evident that they are innocent, and have committed no crime, their accuser will be compelled to suffer the punishment inflicted upon calumniators, for it establishes a bad precedent to seek for robbers, and by doing so place innocent persons in jeopardy.

Given at Constantinople, on the twelfth of the Kalends of January, during the Consulate of Marinianus, and Asclepiodotus, 423.

TITLE XL. CONCERNING THE NOTIFICATION OF ACCUSED PERSONS.

1. The Emperors Valerian and Gallienus to Rusticus.

When anyone, who is absent, is charged with serious crimes, sentence is not usually pronounced against him at once, but he is notified to appear, not for the purpose of being punished, but that an opportunity may be afforded him to clear himself, provided he can do so.

If, after having been notified, he should return within a year and clear himself of the crime, he shall receive his property which has been sealed by order of court. When, however, he returns within the prescribed time after having been notified, and dies before establishing his innocence, he will transmit his property to his heirs.

Given at . . . , during the Consulate of Tuscus and Bassus, 212.

2. The Emperor Constantine to Jamiarius.

Anyone who refuses to appear in court within a year from the time that he was charged with a crime shall have his property confiscated to the Treasury, and if he should afterwards be found and convicted, he must be given a more severe sentence, and even if he should prove his innocence by clear and satisfactory evidence, his property will, nevertheless, remain in possession of the Treasury.

Given on the Ides of January, and adopted at Corinth, on the fifth of the Kalends of August, during the Consulate of Constantine, Consul for the fifth time, and the Caesar Licinius, 319.

3. The Emperors Honorius and Theodosius to Palladius, Prsetorian Prefect.

In cases involving the payment of money, the Edict promulgated against a person who remains concealed does not affect his reputation, but a criminal proceeding brings such censure under the law that he who is accused not only cannot transfer his estate, but his good name is also injured.

Given at Ravenna, on the seventh of the Kalends of July, during the Consulate of Eustachius and Agricola, 421.

TITLE XLI. CONCERNING TORTURE.

1. The Emperors Severus and Antoninus to Antiana.

Slaves should not be subjected to torture against their masters except in cases of adultery, accusations of fraud having reference to taxation, and the crime of high treason, which involves the safety of the Emperor. So far as other offences are concerned, although judges should not formulate hurriedly a decision based on testimony given by a slave against his master, still, if the truth is established by other testimony, an exception cannot be pleaded. It is, however, clear that, in pecuniary cases, slaves should be interrogated against their masters, where other evidence is lacking.

Published on the Kalends of January, during the Consulate of Fuscus, Consul for the second time, and Dexter, 197.

2. The Same Emperors and Csesars to Catullus.

It is unusual, and furnishes a bad precedent, for slaves to be heard against their guardians, or the mother of their master, unless the administration of the guardianship is involved.

Published on the third of the Ides of September, during the Consulate of Chilo and Libo, 205.

3. The Emperor Antoninus When Deciding a Case, Said: Slaves belonging to another should first be interrogated under torture, when there is sufficient evidence that a crime of such atrocity has been perpetrated; and the woman herself may afterwards be put to the question, for it is not inhuman for her to be tortured who destroyed her husband by poison.

Published on the seventh of the Kalends of April, during the Consulate of Sabinus and Anulinus, 217.

4. Extract from a Rescript of the Emperor Antoninus.

As too much reliance should not be placed on the statements of criminals who, having been convicted, allege that those by whom they were arrested and kept in custody are their accomplices, so, if it is clearly proved that they only divulged the crime committed in common for the purpose of avoiding the penalty, they shall not escape public

punishment.

Published on the fifth of the Kalends of April, during the Consulate

of Sabinus and Anulinus, 217.

5. The Emperor Alexander to Respectus.

Slaves who have obtained their freedom by the last will of a testator should not be indiscriminately subjected to torture, even where his death should be avenged.

Published on the sixth of the Ides of March, during the Consulate of Sabinus and Venustus, 241.

6. The Emperor Gordian to Herodian.

It was long since decided that slaves or freedmen ought not to be tortured in cases having reference to the domestic affairs of their owners, or patrons, as what might be obtained by their confessions would not have the force of truth either for or against them, in capital or pecuniary cases.

Published on the seventh of the Ides of May, during the Consulate

of Sabinus and Venustus, 241.

7. The Emperors Diocletian and Maximian to Urbana.

If the slaves have been proved without doubt to belong to you, We do not permit them to be put to torture, even though you suggest that this be done; and, so far from doing so, We are unwilling that they should be compelled to violate their fidelity to their mistress, even against your consent.

Published on the Kalends of November, during the Consulate of Maximus, Consul for the second time, and Aquilinus, 286.

8. The Same Emperors and Csesars to Sallust, Governor. We do not permit soldiers to be subjected to torture, or to the penalties imposed upon plebeians in criminal cases, even when it

appears that they have been dismissed from the service without the privileges of veterans, with the exception of those who have been dishonorably discharged. This rule shall also be observed with reference to the sons of soldiers and veterans.

In the prosecution of public crimes, judges should not begin the investigation by resorting to torture, but should first avail themselves of all accessible and probable evidence. If, after having obtained information relative to the crime, they think that torture should be applied for the purpose of ascertaining the truth, they only ought to resort to it where the rank of the persons involved justifies such a course; for, by the terms of this law, all the inhabitants of the provinces have a right to the benefit of the natural benevolence which We entertain for them.

Without date or designation of Consulate.

9. The Same Emperors and Csssars to Our Beloved Governor of Syria.

In the investigation of the question of free birth, every form of interrogation and torture should be resorted to in order that persons of low and debased origin may not venture to claim for themselves a position among those who are distinguished and freeborn, and that the succession to which the latter are entitled may not through a fraudulent assumption be denied to them.

Given on the sixth of the Ides of May, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

10. The Same Emperors and Csesars to Ptolmseus.

As you allege that the will is forged, the slaves forming part of the estate may, under the Constitutions of the Emperors, be put to torture, even though they were granted freedom by the person who asserts that he is the heir.

Published on the sixth of the Kalends of September, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 290.

11. The Same Emperors and Csesars to Boethus.

It was decided by the Divine Marcus that the descendants of men who are designated "Most Eminent and most Perfect," to the degree of great-grandchildren, shall not be subject either to the penalties or the tortures inflicted upon plebeians, if no stigma of violated honor attached to those of a nearer degree, through whom this privilege was transmitted to their descendants.

The learned jurist Domitius Ulpianus, in his works treating of public law, states for the knowledge and information of future ages that this rule shall also be observed with reference to decurions and their children.

Published on the fifth of the Kalends of December, during the Consulate of Diocletian, Consul for the fourth time, and Maximian, Consul for the third time, 291.

12. The Same Emperors and Csesars to Asper.

Whenever the ownership of slaves is involved, and the truth cannot be ascertained by other evidence, eminent legal authorities hold that the slaves themselves can be interrogated under torture.

Published at Sirmium, on the third of the Ides of May, during the Consulate of Tiberianus and Dio.

13. The Same Emperors and Csesars to Philippa.

It can be of no advantage to you for the slaves forming part of the estate to be tortured in the case in question, as the ownership of the same is not in dispute; for where it is uncertain who is entitled to it, it is but reasonable that, in order to ascertain the truth, the slaves belonging to the estate should be subjected to torture; but, as you assert that the slave is common property, you should entertain no doubt that half of him belongs to the person against whom you desire the said slave to be interrogated. This fact presents an obstacle to the application of torture, as slaves of two joint-owners cannot be put to the question and interrogated against either of them, except where one is said to have killed the other.

Ordered at Heraclia, on the third of the Kalends of May, during the Consulate of the above-mentioned Emperors.

14. The Same Emperors and Csesars to Constantine.

It is settled that slaves cannot be tortured any more in favor of their masters, to whom they now belong, than in favor of those who formerly owned them.

Ordered on the eighth of the Ides of April, during the Consulate

of the Csesars.

15. The Same Emperors and Csesars to Maximus.

There is no doubt that slaves can be put to torture on account of acts committed by them, not only in criminal cases, but also in those involving the payment of money, where property is entrusted to them for deposit or loan, or for other purposes authorized by law.

Ordered on the fifth of the Ides of April, during the Consulate of the Csesars.

16. The Emperors Valentinian, Valens, and Gratian to Antonius, Prsetorian Prefect of the Gauls.

We desire decurions to be absolutely exempt from the suffering inflicted by instruments of torture, not only with reference to the debts of others, but also on account of their own. If any magistrate should attempt to insult the Order of Decurions in this manner, he shall be put to death. This severe proceeding shall only be permitted in the case of persons belonging to this municipal order, who are accused of high treason, and who are either accomplices or principals in this

infamous crime.

Given on the fifteenth of the Kalends of October, during the Con-pulate of Valens, Consul for the fifth time, and Valentinian, 376.

17. The Emperors Arcadiiis and Honorius to Messala, Prsetorian Prefect.

Let every magistrate understand that he cannot, when inflamed with resentment, deviate from the course of justice; nor, if influenced by bribery, inflict corporeal injury by torturing persons who are innocent, or Of exalted rank; as the devotion manifested by such persons through long service and arduous labors entitles them to this privilege.

The same rule applies where anyone has retired from the office of decurion, for, on account of his former, position, he must not be subjected to torture.

Given on the twelfth of the Kalends of September, during the Consulate of Theodore, 299.

18. The Emperor Justinian to Demosthenes, Prsetorian Prefect.

So far as the torture of slaves belonging to an estate is concerned, We order that, in accordance with former laws and constitutions, no distinction shall be made, whether a question has arisen among the heirs as to the title to the entire estate, or only to a portion of the same, or to both; for the slaves can only be interrogated concerning certain property of the estate, and those alone shall be liable to torture who had charge of its administration, whether they were left in servitude, or were directed to obtain their freedom by the last will of the testator, so that any property belonging to the estate which may have been concealed can be discovered. Before this is done, however, he who demands the torture of the slaves must take the oath prescribed by Us in such cases.

Given on the fifteenth of the Kalends of October, at Chalcedon, during the Consulate of Decius, 529.

TITLE XLII. CONCERNING ABOLITION^

1. The Emperors Diocletian and Maximian to Paterna.

If the Governor of the province should ascertain that the abolition obtained by the accused includes all the crimes with which he was

1 Abolitio, at Civil Law, in some respects, resembled the nolle prosequi of modern times. It was the only means by which the progress of a criminal proceeding could be arrested, and was granted upon application, either by the court, the Senate, or the Emperor. The judge had power to dispose of a case in this way, where the prosecutor was able to show good cause for retirement, or any of the requisite legal formalities had not been observed. A general abolitio was equivalent to an amnesty, which, however, was not final, as the accuser could renew the prosecution within thirty days, if he so desired. Either the accuser or the defendant could apply for an abolitio, but the acquiescence of the latter was essential in every instance.

This proceeding was not unknown to the early English law, as by Stat. 25, Hen. Vill, c. 21, the king or the judges could authorize the accuser to abandon the further prosecution of a criminal offence.—ED.

charged, his authority will be interposed to prevent what has once been terminated from being renewed. Although prosecution of the crime may have ceased on account of the above-mentioned abolition, still the latter can be revoked by the same person at whose request it was obtained.

Published on the fifteenth of the Kalends of December, during the Consulate of Diocletian, Consul for the third time, and Maximian, 287.

2. The Emperor Constantine to Januarius, Prsetorian Prefect.

Abolition ought to be requested in the presence of both parties in a case where a competent judge, and not the Emperor, has jurisdiction; that is to say, when anyone admits that he brought the charge either through mistake, rashly, or in the heat of anger, for an accuser who makes an explanation of this kind affords good ground for abolition.

Where, however, the accuser, either through fraud, or having been corrupted by the money of the defendant, requests the dismissal of the case, the voice of purchased commiseration shall not be heard, but trial of the guilty party shall proceed, and the proper penalty be imposed. Persons who protect themselves and their families from injury, by accusing their own relatives, are by no means prohibited from asking that the prosecutions which they have instituted be abandoned.

Given on the sixteenth of the Kalends of December, during the Consulate of Constantine, Consul for the fifth time, and Licinius, 319.

3. The Emperors Gratian, Valentinian, and Theodosius to Florus, Prsetorian Prefect.

Permission to dismiss a criminal charge, which has been wrongfully brought by the accusers, shall not be granted. If, however, anyone should inaugurate a prosecution in good faith, and the defendant sustain some injury on account of the written accusation, that is to say, if he should be imprisoned, or subjected to torture or scourging, or placed in chains, abolition shall not be granted, unless he who suffered the wrong consents for this to be done.

But when the defendant did not suffer anything of this kind, and was afterwards delivered up to the officers of justice for safe custody, the accuser will be permitted to apply for a dismissal of the case within thirty days, even against the wishes of the defendant; but We decree that such permission shall not be granted after this time, unless the defendant gives his consent. If any freeborn persons, although of plebeian origin, who were not accomplices and participants in the crime, should, for the purpose of obtaining evidence, have been subjected to scourging and torture, We order that the judge shall refuse to dismiss the case, even at the request of both parties, and that the trial, in which torture was applied, shall proceed.

Even though it may not have been inflicted upon the witnesses, absolution shall not be granted for certain crimes (such as in high treason, rebellion, treachery, embezzlement, violation of oaths, and all the other offences included in the ancient law) in which a judge should

require the accuser not only to prove what he alleges, but the defendant, who denies the charge, to clear himself, if he can do so.

Given on the day before the Ides of October, during the Consulate of our Prince Valentinian, and Victor, 369.

TITLE XLIII. CONCERNING GENERAL ABOLITION.

1. The Emperor Antoninus to Rutilianus, Consular of Cilicia.

Anyone who, having the power to bring a criminal accusation, after a general amnesty of all criminals has been proclaimed in the usual manner, neglects to prosecute within the time specified by the Edict, shall not be heard.

Published on the eighth of the Kalends of May, during the Consulate of Lsetus, Consul for the second time, and Cerealis, 216.

2. The Emperors Diocletian and Maximian to Paulinus.

As the accusation was not brought by you at the time when Our indulgence pardoned all crimes, the prescription based upon public amnesty does not apply.

Published on the sixth of the Ides of February, during the Consulate of Maximus, Consul for the second time, and Aquilinus, 286.

3. The Emperors Valentinian, Valens, and Gratian to the Senate.

Conscript Fathers, pardon brands with infamy those whom it liberates, for it does not remove the disgrace of the crime, but merely dispenses with the punishment.

Given on the fourteenth of the Kalends of June, during the Consulate of Gratian, Consul for the second time, and Probus, 371.

TITLE XLIV.

CRIMINAL PROCEEDINGS SHOULD BE TERMINATED WITHIN A CERTAIN TIME.

1. The Emperors Valentinian, Theodosius, and Arcadius to Desi-derius, Vicegerent of Asia.

If any accuser should, in writing, denounce a defendant in court, and fail to proceed with the accusation, which he began, within the time prescribed by law, or should not appear upon the last day, which is an act of contumacy, he shall be fined the fourth part of all his property, and shall undergo the legal penalties, in addition to the infamy ordered by the ancient laws.

Given on the fourth of the Ides of July, during the Consulate of Arcadius and Bauto, 385.

2. The Emperors Honorius and Theodosius to Cecilianus, Prsetorian Prefect.

All judges, no matter what offices they hold, or over what tribunals they preside, are notified that necessary delays must not be refused to

either of the parties in criminal cases (if they are requested), that is to say, after a written information has been filed; but the trial should take place within a certain time, and if this has elapsed, the accuser who failed to prosecute the case shall suffer the punishment prescribed by the laws. If he is a person of such inferior rank that he will sustain no damage by the loss of his reputation, he shall be subjected to the penalty of exile, unless the case is dismissed by the consent of both parties within the time established by law.

Moreover, the diligence of judges should be such that no good reason can arise for either the defendant or the prosecutor to ask for delay, and they should press the hearing of cases of this kind without expecting a continuance.

Given at Ravenna, on the twelfth of the Kalends of February, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

3. The Emperor Justinian to Menna, Prsetorian Prefect.

We decree that criminal cases shall, by all means, be terminated within two years from the time when issue was joined, nor shall this period be extended under any pretext; but, after the two years have elapsed, the case shall not proceed further but the accused shall be discharged. Judges and their subordinate officials are hereby notified that if, at the request of litigants, they should delay the examination or trial of a case beyond the time aforesaid, they must pay a fine of twenty pounds of gold.

Given on the Kalends of April ....

TITLE XLV.

ON THE TURPILLIAN DECREE OF THE SENATE.

1. The Emperor Antoninus to Amatus.

He is held to be liable to the penalty imposed by the Decree of the Senate who, after having denounced a public crime, and begun the prosecution of the same, that is to say, filed a written accusation, furnished a surety, and, caused the arrest of the accused and his delivery into custody, abandons the case without having previously caused it to be dismissed.

2. The Emperor Gordian to Apius.

If you became surety for someone who had brought a criminal accusation in writing, and afterwards desisted from the prosecution, and you bound yourself by a stipulation, you will not be liable for any sum above that specified in the contract. He, however, who failed to prosecute shall be branded with infamy, and severely punished by the judicial authorities.

3. The Emperors Valerian and Gattienus to Syllanus. Although the written instrument in question contained the provision that abolition of the crime should first be demanded, and that

afterwards the accused would comply with everything mentioned therein, and your adversary failed to keep the promises which he made to you, you cannot renew the accusation from which you yourself desisted.

Published on the day before the Nones of July, during the Consulate of Tuscus and Bassus, 259.

4. The Same Emperors to Patrophilus.

If the person against whom you petition has renewed an accusation against your parents, which you allege he had abandoned, an exception on this ground can be pleaded against him in the tribunal of the governor.

Published on the day before the Nones of May, during the Consulate of Secularus and Donatus, 261.

5. The Emperors Diocletian and Maximian to Matrona.

When a woman prosecutes anyone for an injury committed against her or her relatives, and afterwards acknowledges that she desisted under an agreement contrary to the ancient laws, it is a positive rule of law that she has incurred the penalty imposed by the Turpillian Decree of the Senate.

Given on the seventh of the Nones of April, during the Consulate of the Caesars.

6. The Same Emperors to Lucilius.

In criminal prosecutions, those are considered to have desisted who have abandoned the case without the intention of renewing the accusation. Therefore, as your petition states that your ignorance was one of the reasons why you did not prosecute the case to the end, you can, without any apprehension of hindrance on account of the short interruption which took place, proceed with the accusation according to law and bring it to a termination, after having proved what is required of you.

Published on the third of the Kalends of July, during the Consulate of Diocletian, Consul for the sixth time, and Maximian, 296.

TITLE XLVI. CONCERNING CALUMNIATORS.

1. The Emperor Alexander to Sabinus.

An accusation of calumny should be prosecuted from the time the charge was heard in the presence of the accuser, and therefore, the case having been decided, it is contrary to the ordinary practice for you to demand that your accuser be punished for calumny.

2. The Same Emperor to Apollonia.

A mother is included among those persons who, without the fear of calumny, can avenge the death of her son, and the benefit of the Decree of the Senate is also granted her in other prosecutions.

A foreign heir, who prosecutes anyone on account of suspicions entertained by the deceased with reference to his death, is released from liability for calumny on this account, as a great difference exists between a voluntary accusation and that required of the heir on account of his position.

Published on the sixth of the Kalends of July, during the Consulate of Julian and Crispus, 226.

3. The Same Emperor to ^milius.

When anyone who is unable to prove the accusation of crime which he brought is not convicted of calumny, he will sustain no loss of reputation ; for if the defendant should be acquitted, the accuser ought not to be considered a calumniator merely on that account, if he had good reason for bringing the charge.

4. The Emperors Cams, Carinus, and Numerianus to Arcadius.

The penalty of calumny cannot be inflicted on account of an accusation brought to avenge the death of a father.

Published on the eleventh of the Kalends of December, during the Consulate of Carus and Carinus, 283.

5. The Emperors Diocletian and Maximian to Cassius.

Persons can only be convicted of calumny who prosecute criminal cases, and not those who institute legal proceedings involving freedom, and which also include private matters that are the subject of controversy.

6. The Same Emperors to Domitius.

The penalty of double damages is provided by the Julian Law in favor of the owners of slaves, where the latter have been subjected to torture by the false denunciation of an accuser.

Ordered on the fifteenth ....

7. The Emperors Valentinian and Valens to Valerius.

Your Excellency should not order anyone to be brought before your tribunal for examination unless the accuser has previously complied with all the legal formalities required; as, according to the provisions of the ancient laws, when an accusation is brought, the defendant shall be punished if it is proved; and where the accuser fails to establish the charge, he himself must suffer the penalty.

Given on the sixth of the Kalends of December, during the Consulate of Gratian and Gadalaifus.

8. The Emperors Gratian, Valentinian, and Theodosius to Menan-drius, Vicegerent of Asia.

It is stated both in Our Constitutions and in those of Our predecessors that persons who bring accusations in the names of others shall be classed as informers. Hence if the accusation is known to be false, the penalty of infamy will be imposed upon him whose charge was

not proved in court; wherefore, all persons are notified that they will not be permitted to bring to the attention of judges criminal accusations which cannot be established.

Given at Constantinople, on the eighth of the Ides of May, during the Consulate of Arcadius and Bauto, 385.

9. The Same Emperors to Florus, Prsetorian Prefect.

No legal pretext advanced by way of excuse will be of any advantage to a man who brings a false accusation, especially after the defendant has been produced in court, nor will any public or private abolition profit, or be of any advantage to such a person, nor will any special indulgence or general privilege release him from liability.

Given at Constantinople, on the fifteenth of the Kalends of June, during the Consulate of Antonius and Syagrius, 382.

10. The Emperors Honorius and Theodosius to the Praetors, the Tribunes of the People, and the Senate, Greeting:

Anyone who brings a criminal accusation is informed that if it should prove to be false he will not go unpunished, as those who are guilty of calumny will be liable to the same penalty as the accused persons, had they been convicted.1

Given on the eighth of the Ides of August, during the Consulate of the above-mentioned Emperors.

TITLE XLVII. CONCERNING PUNISHMENTS.

1. The Emperor Titus JElius Antoninus to Lucius.

The condition of persons condemned to hard labor for life is not different from that of those who have been sentenced to deportation to an island.

Without date or designation of Consulate.

2. The Emperor Antoninus to Valerius.

My Attorney, who was not acting as Governor, could not inflict upon you the penalty of exile, and therefore you need have no apprehension of his sentence, as it was not in conformity to law.

3. The Same Emperor to the Senate.

It is clear that a decurion cannot be sentenced to labor on the public works.

1 Calumnia, as referred to above in the text, means malicious criminal prosecution, whose employment, together with promoting vexatious or groundless lawsuits, or demanding money for not doing so, constituted one of the most common and detested offences enumerated in Roman jurisprudence. All participants in it, whether directly or indirectly implicated, were liable to the penalty, which, in addition to the damages recoverable by an action, entailed the opprobrium of infamy.—ED.

4. The Same Emperor to Marina.

If the child mentioned by you in your application was conceived before his mother was sentenced to the mines, his condition after his birth will be that of his mother before her conviction.

5. The Same Emperor to the Senate.

It is one of the privileges of veterans that their children, as far as the first degree, cannot be sentenced to the mines or the public works, but must be relegated to an island.

6. The Same Emperor to Alphius.

Your statement that a freeman has been condemned to imprisonment in chains for life is incredible, for this penalty can scarcely be imposed upon a person of servile condition.

Published on the third of the Ides of February, during the Consulate of Messala and Sabinus, 215.

7. The Emperor Alexander to Isidore.

Immunity for the commission of crime is not conceded on account of age, when anyone is capable of perpetrating the crime of which he is accused.

8. The Same Emperor to Victor.

The property of persons who have been deported to an island by a judge having proper jurisdiction shall be confiscated to the Treasury, but that of those who have been relegated shall not be confiscated, unless this is expressly included in the sentence.

9. The Same Emperor to Demetrius.

If it should be proved that your mother was the daughter of a decurion, it is apparent that she cannot be condemned to work for persons employed in the mines, or to the mines themselves.

10. The Same Emperor to Catullus.

Where a slave has been sentenced by the Governor of a province to the penalty of confinement in chains, without prescribing any time when he shall be returned to his master, he should be kept in chains for life.

11. The Emperor Gordian to Titian.

The punishment of performing menial services for persons employed in the mines can be inflicted upon free men and women, as well as upon those in a servile condition.

12. The Emperors Diocletian and Maximian Stated in the Consistory :

"The sons of decurions should not be thrown to wild beasts." When, on hearing this, the people cried out, the Emperors added: "No attention should be paid to the vain remonstrances of the popu-

lace; for they should not be believed, either when they desire a criminal to be pardoned, or an innocent person to be condemned."

13. The Same Emperor to Ursinus.

After a slave has been convicted, if his master has not been deprived of his ownership by the sentence, he has a right to demand his services.

14. The Same Emperors and Ctesars to Vicarius.

If the time designated in a sentence of labor oh the public works has not yet expired, it is proper to wait until it has elapsed; as it is to the public interest for a penalty not to be hastily remitted, lest someone may, for this reason, rashly commit crime.

15. The Same Emperors and Csesars to Agathus.

It is not lawful to revoke the penalty imposed by a sentence of the Governor of a province.

16. The Emperor Constantine to Catulinus, Proconsul of Africa.

Let the judge about to pass sentence exercise moderation, so that before imposing a capital penalty upon anyone, as in the case of adultery, homicide, or witchcraft, the accused may be convicted either by his own confession, or by the positive statements of persons subjected to torture, or interrogated; so that there may be a general agreement of the testimony with reference to his guilt, and he may be implicated to such an extent that it will scarcely be necessary for him who committed the crime to deny it.

Given on the third of the Nones of November, during the Consulate of Volusianus and Annianus, 314.

17. The Same Emperor to Eumelius.

Where anyone has been condemned to the mines for a criminal offence, he shall not be branded upon the face, as this part of his sentence can be impressed upon his hand, or the calf of his leg by a single mark; and his face, which has been formed in the image of celestial beauty, shall not suffer disfigurement.

Given on the twelfth of the Kalends of April, during the fourth Consulate of Constantine and Licinius, 315.

18. The Emperor Constantius to Theodore, Governor of Arabia.

As a certain time was granted the defendants, who were convicted by clear evidence, before sentence was passed, the right of petitioning the Emperor as well as the opportunity of evading the penalties incurred by their criminal acts was afforded them; and, as in the crime of homicide and other serious offences punishment should not be deferred, the laws having reference to crime must hereafter be observed, and convicted criminals and malefactors be sentenced without delay.

Given on the Ides of October, during the Consulate of Constantius. Consul for the fourth time, and Constans, 343.

19. The Emperors Valentinian and Valens to Olybrius, Prefect of the City.

Let no one, by way of punishment for crime, be transferred from one guild to another, if he is a member of any, but every culprit shall experience the severity of the law prescribed for the crime of which he was convicted.

Given on the third of the Ides of April, during the Consulate of Valentinian, 365.

20. The Emperors Gratian, Valentinian, and Theodosius to Flavian, Prsetorian Prefect of Illyria and Italy.

If, having in view the circumstances of the case, We, contrary to Our custom, should order any persons to be punished with exemplary severity, We are not willing for the guilty parties to suffer the penalty immediately, or the sentence to be executed without delay; but desire that their fate and fortune shall remain in suspense for the term of thirty days.

The defendants, however, must be placed in safe custody, and vigilantly guarded during the time aforesaid.

Given at Verona, on the fifth of the Kalends of September, during the Consulate of Antonius and Syagrius, 382.

21. The Emperors Valentinian, Theodosius, and Arcadius to Prin-cipius, Prsetorian Prefect.

In order that the depraved and venal perfidy of court attendants may not hereafter be exercised with impunity contrary to the public welfare,'We decree that legal penalties can be pronounced against them even during their absence.

Given on the Kalends of June, during the Consulate of Arcadius and Bauto, 385.

22. The Emperors Arcadius and Honorius to Eutychianus, Prsetorian Prefect.

We order that punishment shall be inflicted only upon those who are liable to it, and We exclude all relatives, acquaintances, and companions from the imputation of calumny, as association with criminals does not necessarily render them guilty, and neither affinity nor friendship presumes implication in crime. Therefore, let each one be responsible for the offences which he himself commits, and let the fear of punishment go no further than the detection of guilt.

This law shall be communicated to all judges.

Given at Constantinople, on the eighth of the Kalends of August, during the Consulate of Eutropius and Theodore, 399.

23. The Emperors Honorius and Theodosius to Anthemius, Pr&-torian Prefect.

We decree that all those whom the terms of their sentences have condemned to exile, and who have served the designated time in prison, shall at once be liberated from custody, and released from their

chains, as they have paid the penalty, and need not apprehend the wretchedness of exile. It will be sufficient for them to have undergone such severe punishment, nor shall those who have been long deprived of the common blessings of air and light, and for an extended period have been oppressed with heavy chains, be compelled to suffer the penalty of exile in addition.

Given on the fourteenth of the Kalends of May, during the Consulate of Constantius and Constans, 414.

24. The Same Emperors to Monachius, Prastorian Prefect.

We order all Governors of provinces to see that persons who have been condemned to undergo the penalty of exile for a certain time, shall, as soon as that time has expired, be no longer confined in prison, or kept under restraint in the places to which they were exiled.

Given at Eudoxiopolis, on the third of the Kalends of September, during the Consulate of Our Lord the Emperor Theodosius, Consul for the seventh time, and Balladius, 416.

25. The Same Emperors to Monaxius, Praetorian Prefect.

We decree that those who instruct barbarians how to build ships, when the latter were previously ignorant of the art, shall be put to death.

Given at Constantinople, on the eighth of the Kalends of October, during the Consulate of Monaxius and Pinta, 419.

TITLE XLVIII.

CERTAIN JUDGES SHALL NOT BE PERMITTED TO CONFISCATE PROPERTY WITHOUT THE ORDER OF THE EMPEROR.

1. The Emperor Theodosius and the Csesar Valentinian to Hierius, Prsetorian Prefect.

No judge (with the exception of those of the highest rank) shall be permitted, during times of prescription, to confiscate the entire property of anyone, unless he has first made application to Us to do so.

Given at Constantinople, on the tenth of the Kalends of February, during the Consulate of Theodosius, Consul for the eleventh time, and the Caesar Valentinian, 425.

TITLE XLIX.

CONCERNING THE PROPERTY OF THOSE WHO HAVE BEEN PROSCRIBED OR CONDEMNED.

1. The Emperor Antoninus to Marcus.

It is well known that masters are not deprived of the peculium of any of their slaves who have been convicted of a capital crime, but a master shall receive whatever he can prove belonged to his slave, and the price of the property, if any has been sold by him; and power

is also granted to suspend sentence until the accounts of his administration have been rendered by the slave, and the disposition of the property explained. The master should, however, remember that this must be done quickly in order that the slave may be delivered up to punishment.

2. The Emperor Alexander to Pronto.

Persons sentenced to deportation do not transmit to their heirs any property which they may have acquired after their conviction; but this, as well as what they previously possessed, shall be confiscated.

3. The Same Emperor to Julianus.

If your son, while under your control, was sentenced to deportation to an island, you will not be deprived of his peculium, which he obtained in military service, or which you gave him while in the army.

Published on the sixth of the Ides of September, during the Consulate of Alexander, Consul for the second time, and Marcellus, 227.

4. The Emperor Gordian to Callimorphus.

Anyone who is condemned to the mines becomes a penal slave, hence the property of him upon whom a sentence of this kind has been imposed is confiscated to the Treasury. Therefore, if you allege that he who was afterwards pardoned by Us had any property, it will belong to the Treasury rather than to him who was sentenced.

5. The Emperor Philip to Arrian.

If (as you allege) the property of him who administered your guardianship and was sentenced has been confiscated to the Treasury, apply to Our Attorney who, if he ascertains that you are legally entitled to anything, will not refuse it.

6. The Emperors Diocletian and Maximian to Gaudentius. It is a positive rule of law that children are entitled to none of the property of their mother, who has been condemned to deportation.

7. The Emperors Valentinian, Valens, and Gratian to Probus, Prsetorian Prefect.

If anyone in a province should incur the penalty of proscription, on account of the nature of his crime, a complete inventory of his property must be carefully made by the proper authority, to prevent anything from being abstracted through favor of collusion; and a full description must be given of the extent and character of the land, and what proportion of it is tilled, or unimproved, how much of it is susceptible of cultivation, and how much in vineyards, olive orchards, pasture, and timber.

There should also be included a statement of the advantages and beauty of the property, as well as the decorations of the buildings, and how many slaves are used in the cultivation of the land, whether

they are from the city or the country, and in what occupations they are engaged. It should also be stated how many collectors there are, as well as the number of tenants and oxen employed in the tillage of the soil; the number of cattle and sheep, and the kinds of each; the quantity of gold, silver, clothing, jewels; and whether the metal is coined, or in bulk; and the designation of the various coins, as well as the amount of property deposited in storehouses. After everything that you perceive that We desire has been entered in the inventory, it should be delivered to the Steward of Our Private Affairs, or to the officials of the palace appointed for this purpose, in order that it may become part of the property of the Crown.

Moreover, an account of everything specified and separately enumerated should be sent to Us, under seal of the judge, and there is no doubt that if he should be guilty of negligence in this respect he must be fined. If, after the examination made by the aforesaid official and reported to the Steward of Our Private Affairs, to whom the inventory should be sent, it should be found that something had been fraudulently omitted from the list, the said official shall be punished by being compelled to pay the amount which has been fraudulently suppressed, out of his own property.

Given on the third of the Nones of May, during the Consulate of the Noble Prince Valentinian and Victor, 369.

8. The Emperors Gratian, Valentinian, and Theodosius to Eutro-pius, Praetorian Prefect.

When a person sentenced to deportation has sons, some of whom are emancipated and some are not, the portion of his estate to which his children are entitled shall be transferred only to those under his control, if those who have been emancipated think that, by relinquishing what they obtained at the time when this occurred, they will sustain loss. If, however, they should prefer that a merger of property and donations should take place, everything which the Treasury grants to the children of a condemned criminal shall be equally divided among them.

This rule shall also be observed with reference to the dowry of a daughter, or a granddaughter by the son of a person condemned to deportation.

Given at Thessalonica, on the fifteenth of the Kalends of July, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

9. The Emperors Arcadius and Honorius to Csesarius, Prastorian Prefect.

When anyone is sentenced to deportation, his wife can claim her own property, no matter how she may have acquired it, and even if it has already been seized, or taken possession of in any way, she will be entitled to receive it at once. Her dowry, also, if it can be proved that she actually gave it to her husband (but not what is sometimes inserted without effect in dotal instruments) shall be delivered to her.

Again, anything which she received by way of donation from her husband before marriage, or which came into her hands during marriage, through the generosity of her husband, before his conviction, will undoubtedly belong to her.

(1) Moreover, if it should appear clearly that any property had been given by a father to his emancipated children, before the commission of the crime and his conviction, it shall be reserved for them unimpaired, and without controversy. Anything, however, which neither the wife nor the emancipated children can legally claim, I decree shall be seized by the public authorities, and confiscated, and a report made to Me stating whether the condemned person has any children; and it should also be added whether they claimed anything for themselves on the ground of a donation.

(2) With regard to those who are indebted to the Treasury, and have been proscribed and condemned on this account, it has been decided that where the wife has any property of her own, or any which was given to her by her husband before he committed the act on account of which the prosecution for fraud was instituted, and if anything was afterwards donated to his emancipated sons, before the perpetration of the crime, it shall remain intact in the hands of those who received it; and no one shall, under any circumstances, be held liable to the Treasury, except for what the convicted criminal himself owned when he contracted the obligation to the Treasury, or what he purchased in his own name, or in that of his wife, his children, or anyone else.1

-1 In the early days of Roman jurisprudence, confiscation of personal property always followed a sentence of death or exile. This was subsequently extended to all convictions of crime punishable with penal servitude for life.

The provisions of the ancient English law, which subjected a convicted traitor to the forfeiture of his property, both real and personal, and anyone convicted of felony to the confiscation of his goods and chattels, have been rescinded in recent times. A marked distinction existed between the forfeiture of real estate and that of chattels, for land was forfeited to the Crown upon attainder, but the loss of personal effects was a necessary incident of conviction without it. (Vide Stephen, Commentaries of the Laws of England I, VI, XX.)

By the Forfeiture Act of 1870 (33 & 34 Vie., C. 23) guilt of treason or felony was declared to no longer entail confiscation; and this penalty, which for many centuries had been a source of grievous oppression to the unfortunate families of convicted malefactors, was abolished.

The confiscation of the enemy's property by a hostile government, while generally recognized, is subject to many modifications; and a distinction is made between what belongs to the State and what is owned by individuals. The title to chattels vests upon occupation, but that of land only after absolute conquest. (Vide Baker, First Steps in International Law, Chap. XXI, Pages 226, 227, 228.)

This principle has a much more extended application in the United States, where the Supreme Court has held: "That war gave to the sovereign full right to take the persons and confiscate the property of the enemy wherever found; and that the mitigations of this rigid rule which the wise and humane policy of modern times had introduced into practice, might, more or less, affect the exercise of the right, but could not impair the right itself." (Brown vs. The United States, 8

Cranch, 110.)

This doctrine does not apply where treaty provisions exist to the contrary, contingent, of course, upon the proper behavior of the alien enemies whose property otherwise would be subject to seizure and appropriation by the State.—ED.

Those, however, are only excepted who have performed the duties of Caesarians or Catholici, who are excluded from every privilege until their accounts have been approved and accepted by Me, and they shall then have the right to transmit any of their property which is clear of encumbrance.

Given at Constantinople, on the third of the Nones of August, during the Consulate of Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 396.

10. The Emperors Theodosius and Valentinian to Hierius, Prse-torian Prefect.

When anyone is convicted of a crime and sentenced to death or deportation, his property shall be confiscated to the Treasury, if he dies without issue. When, however, he is survived by sons or daughters, or grandchildren by his sons, after half of his estate has been confiscated to the Treasury, the remainder shall be reserved for them.

The same rule applies if he should leave posthumous children. If he who incurred this penalty was a decurion, and had no children, his curia shall succeed to him, and will be entitled to his entire estate, and can itself either hold it or transfer it to another, who shall discharge the official duties of the deceased at his own risk.

If, however, the decurion had sons, even though they were not yet born, they will be entitled to the entire estate of their father. If there are any daughters, they will have a right to half of the estate, and the curia to the other half. When there are both sons and daughters, half of the estate shall be given to the sons, in the name of the curia, and the other half, which the indulgence of the Emperor has assigned to all in common, shall be divided equally among the children, except in cases of high treason, for, under such circumstances, anyone who was guilty of such an atrocious crime shall justly transmit his penalty to his posterity.

Given at Constantinople, on the tenth of the Kalends of February, during the Consulate of Our Lord Theodosius, Consul for the twelfth time, and Valentinian, Consul for the second time, 426.

Extract from Novel 134, Last Chapter. Latin Text.

The property of those who have been condemned or proscribed is not confiscated for the benefit of the judges or their officers, nor, in accordance with the ancient laws, for the benefit of the Treasury; but should be given to the ascendants and descendants of the person convicted, or to his collateral heirs, as far as the third degree, if there are any.

Moreover, their wives are entitled to their dowries and antenuptial donations. Where, however, they were married without any dowry, they will receive from the estates of their husbands the portion designated by law, whether they have any children or not. When the condemned persons leave none of the heirs above mentioned, their property shall be confiscated to the Treasury. We order that the ancient laws shall be observed with reference to persons convicted of the crime of treason.

TITLE L.

CONCERNING THE PROPERTY OF THOSE WHO COMMIT

SUICIDE.

1. The Emperor Antoninus to Aquilia.

The property of those who, having ascertained that their crime has been discovered, through fear of a future sentence, lay violent hands upon themselves, shall be confiscated to the Treasury. Therefore, if if should be proved that your brother or your father, having committed no offence, but on account of corporeal suffering, weariness of life, a sudden attack of rage or insanity, or for any other reason, put an end to his life, his property shall belong to his heirs, whether he left a will, or died intestate.

2. The Emperor Alexander to Rusticus.

The estates of those who, after having been accused of crime, commit suicide—if the accusation is not for treason, and they did not kill themselves through fear of its results—are transmitted to their heirs.

TITLE LI.

CONCERNING THOSE WHO HAVE SERVED THEIR SENTENCES AND BEEN PARDONED.

1. The Emperor Antoninus.

When the Emperor, having bidden farewell to the illustrious Przetorian Prefects Gentian, Adventus, and Opilius-Macrinus, and to his friends and principal officers both civil and military, was about to depart, Julianus Licinianus, who had been sentenced to deportation to an island, was presented to him by Opilius-Ulpianus, at that time Lieutenant of the Emperor, and Antoninus Augustus said to him: "I restore you to your province with all your rights," and added, "Moreover, that you may know what it means to be restored to all your rights, I hereby reinstate you in your offices, your rank, and all your other privileges."

2. The Same Emperor to Quietus.

If, as you allege, your father has been sentenced to the mines, it is only right that his property should be confiscated to the Treasury; and if, through My clemency he has been released only from the penalty, he did not, for this reason, obtain the restitution of his property, unless this favor was especially granted him.

3. The Emperor Alexander to Stratonicus.

If the debtor underwent the penalty to which he was sentenced, and his property was taken from him, even though he afterwards recovered his Roman citizenship, he did not obtain his entire property, but only a portion of the same through the favor of the Emperor; and

he is released from the obligation of the payment of the entire indebtedness contracted before his conviction, but will only be liable in proportion to the amount which he recovered. If, however, his property was confiscated to the Treasury, on account of the money which he owed it, he and his sureties will remain liable to his creditors for his debts.

4. The Same Emperor to Valentina.

The guardian of your children, prsetorian possession of whose estates you say that you have received, having been condemned to the mines, and afterwards having returned under a general amnesty, although he has. become more wealthy, will not be liable to you in an action for the administration of guardianship; unless by the terms of his pardon he was expressly restored to his former condition, and the possession of all his property.

5. The Same Emperor to Julianus.

Although, after having been deported to an island and your property confiscated, you may have returned under the general amnesty, still, any rights of action to which you are entitled belong to the Treasury; and hence your demand that actions may be granted in your favor against the heirs of your guardian is contrary to law.

6. The Emperor Gordian to Fabianus, Prsetorian Prefect.

As your son has been deported to an island, he was, for this reason, released from paternal control; and if (as you allege) he afterwards returned to his country and was restored to his former rank through the clemency of the Divine Alexander, paternal authority is not considered to have been re-established over him.

7. The Emperor Philip to Cassius.

Our general amnesty permitted all exiled or deported persons to return, but did not restore to them the offices of which they were deprived, nor did they recover their reputations intact and unimpaired.

8. The Emperors Valerian and Gallienus to Seleucius.

You are mistaken if you think that you still have any rights over your slave, who was condemned to the mines, and afterwards pardoned, for it has not been decided that by an act of indulgence of this kind the former ownership of a master is restored. The Governor of the province, however, will see that you do not suffer any injury from the slave; and if he has any of your property in his possession, the Attorney of the Crown will decide the dispute between you, for the slave belongs to the Treasury.

9. The Emperors Diocletian and Maximian to Restitutus.

If your father, after having been deported to an island, was restored to his country by a general amnesty, and did not expressly obtain the privilege of having his children again placed under his con-

trol, there is no doubt that the estate obtained by you is not acquired for his benefit, as the sentence passed upon him rendered you the head of the family.

10. The Same Emperors and Csesars to Demetrius.

As you return to your home by virtue of Our clemency, you need not apprehend that you will be subjected to prosecution by the Governor of the province, whose annotation has already been annulled.

11. The Same Emperors and Csesars to Philip.

The fact that he who brought an action with reference to a tract of land was through Our benevolence restored to his country and the possession of his property, after having been sentenced to deportation, does not alter the former condition of the case.

12. The Same Emperors and Csesars to Trypho, Prsetorian Prefect.

Where a person condemned to deportation was pardoned by Us, and recovered his property, he cannot protect himself against his creditors, and avoid paying his legal debts under the pretext of having paid the penalty of his crime.

13. The Emperor Constantine to Maximus, Prefect of the City.

With reference to the will which the son of a man who was deported made during the lifetime of his father, We, rejecting the opinions of Ulpianus and Paulus, have adopted that of Papinianus, namely, that the son is again placed under the control of his father, to whom his rank and property have been restored.

(1) Nevertheless, any transactions entered into by the son shall be considered valid, if he had reached lawful age; and, after he has been restored to paternal authority, they should not be rescinded, as it would be absurd for anyone at the same time to be neither under the control of his father, nor his own master.

(2) Minors are forbidden by law to transact any business. If, after the condemnation of their father, a guardian should be appointed for them, he must relinquish his office as soon as the former returns, as he should not only nominally return, but must also discharge his paternal duty, and see that his children are not corrupted, and that their property is cared for and increased. For if he abuses his authority to the extent of destroying or wasting the property of his children, the latter should be treated in the same manner as insane or demented persons, or spendthrifts, or those given to all lusts and vices, to whom money ought not to be entrusted; and such a father should be removed from the administration, and not only cease to be guardian, but must, out of his own property, indemnify the minor for any useless expense or loss which he has sustained. Moreover, the sentence of deportation cannot be advanced to the prejudice of the father.

(3) If, after his return, the integrity of the father should be found to be unimpaired, so that he ought to be restored to his natural

position, and the discharge of his duty to his offspring, the management of their property should be transferred to him whose care resembles that established by the public law. And unless this is done where fathers are good, their return will be more doleful than their departure, so far as the children are concerned.

(4) Therefore a pardon is beneficial for the purpose of restitution only to the extent that the sentence was beneficial for correction, so that, if the loss of all his property resulted from deportation, by means of pardon his possessions, his rank, and everything of which he was deprived, including his good name, will be regained. Hence sons request emancipation from their fathers in order that they may obtain freedom, not because of a judicial sentence, but as an evidence of paternal affection.

Given at Sirmium, on the eighteenth of the Kalends of October, during the second Consulate of the Caesars, Crispus and Constantine, 321.

THE CODE OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN.

SECOND EDITION. BOOK X.

TITLE I. CONCERNING THE RIGHTS OF THE TREASURY.

1. The Emperor Alexander to Atticus and Severus.

If your father is proved to have made a legal donation of the land in question, before he became indebted to the Treasury, the transaction will not be rescinded, as it was not entered into for the purpose of defrauding creditors.

2. The Emperor Gordian to Serenius.

A computation made by accountants does not obtain the force of a legal decision, unless it has been confirmed by the Attorney of the Treasury.

3. The Same Emperor to Attica.

If the property hypothecated to the Treasury was through manifest fraud or favor sold to the purchaser for less than its value, the Attorney of the Treasury, having been applied to, will order the land to be returned, after you have tendered the payment of the amount which is due.

4. The Emperors Diocletian and Maximian to Nicetus.

A positive rule has been formulated with reference to metroicians who have been transferred to another city by order of the Emperor. For if the lands which they possessed before they were compelled to move have not been sold, it was long since decreed that they shall be forfeited to the Treasury, unless the Emperor, by a special decree, has provided otherwise. As this salutary regulation has been established by former emperors, with this exception, no law has been passed preventing them from becoming the heirs of their parents.

5. Extract from the Imperial Epistles of the Same Emperors to Flaccus.

It has been forbidden to seize without Imperial authority the property of anyone who is thought to be indebted to the Treasury. And that every precaution may be taken to prevent Caesarians 1 from doing so, We order that all the parties in interest shall be permitted to resist by force those who attempt without Our permission, to seize the property of anyone who has become subject to penalty of the law, so that even if officers should venture to violate the terms of the present decree, they can be prevented from committing injustice by the resistance of private persons. For he whose interest it is that the property of anyone should not be interfered with, when officers appear to seize it, ought to acquiesce, provided they produce their authority, as he will ascertain from Our letters, and not from the arbitrary acts of the Csesarians (that is to say, the officers) whether they have the right to take the property, and that the law has empowered this to be done.

6. The Emperor Constantine to the Inhabitants of the Provinces.

We order that all documents through which the Treasury acquires legal rights of action shall be burned, if they have not been made use of during the time prescribed by law; so that no unjust suits may be brought by private persons, and the example which We have ordered to be given by disposing of legal causes of action belonging to the Treasury in this manner may be followed.

Given on the third of the Kalends of June, during the Consulate of Constantine, Consul for the fifth time, and the Caesar Licinius, 319.

7. The Same Emperor to Volusianus, Prefect of the City.

The right of defence is granted to those whose property can be interfered with in any way by the Treasury, as it is not right that it should be occupied or seized while an action is still pending. Therefore, when a controversy arises through the Treasury claiming the property of anyone, the party in possession of the same shall have power to avail himself of all suitable defences; and if the result should

1 Csesaria-ns were executive officers charged with the collection of claims belonging to the Imperial Treasury; Catholici were the Receivers-General oi a district.—ED.

establish the fact that the property should be confiscated, then it shall be lawful for it to be seized, and an inquiry made to ascertain the amount of it, which must be done by conditional slaves, so that if anything has been abstracted, it may be recovered, and as much more be exacted by the imposition of a fine as was fraudulently removed.

If, however, an official should be implicated in an offence of this kind, he should not enjoy the benefit of the right of seizure granted by this law; especially if the practice of fraud has-caused any of the officials aforesaid, who are accustomed to rashly indulge in such practices, to be excluded.

8. The Emperors Valentinian and Valens to Dracontius, Vicegerent of Africa.

Those persons who, by means of fraudulent contracts, entered into for the purpose of injuring the Treasury, have implicated themselves in criminal acts, shall be required to refund fourfold the amount obtained.

Given on the fifteenth of the Kalends of December, during the Consulate of Valentinian and Valens, 365.

9. The Emperors Honorius and Theodosius to Patricius, Count of Private Affairs.

We order that the decision of Your Highness concerning the responsibility of the Stewards of the Imperial household for the appointment of collectors of Our revenues shall be confirmed, so that all intriguing for office shall cease, and that all the provisions enacted with a view to the maintenance or expenses of the Imperial household which have been established and confirmed by ancient custom, shall remain inviolate; and that the ancient practice relative to the Irenarch and the Optio shall continue to be observed.

Given at Constantinople, on the Kalends of January, during the Consulate of Theodosius, Consul for the ninth time, and Constantius, Consul for the second time, 420.

10. The Same Emperors to Palladius, Praetorian Prefect of the East.

We decree that the estates of deceased persons who, during their lifetime, are said to have been guilty of various crimes, shall, under no circumstances, be confiscated to the Treasury, unless it should be established that they were convicted of said crimes after having been publicly accused.

Given at Ravenna, on the eighth of the Ides of July, during the Consulate of Eustachius and Agricola, 421.

11. This Law is not Authentic.

TITLE II.

CONCERNING SUITS BROUGHT AGAINST DEBTORS OF THE

TREASURY.

1. The Emperor Gordian to Saturninus and Others.

You are not unreasonable when you request that where the Treasury has a claim against yourself and others, those debtors should be sued first who are responsible for the balance due, and that recourse should afterwards be had to you, who purchased certain property from them.

2. The Emperors Valerian and Gallienus, and the Cazsar Valerian, to Erophilus.

The Treasury still has a right of action against you, even if it was stated in the accounts that you paid the money due, if the registrar did not note the receipt given to you for the same. It is, however, only just that power should be given to sue the collector in order that the amount may be obtained from his own property, if he is solvent, and the Treasury be indemnified, and afterwards recourse can be had to you, if he should be unable to make payment.

3. The Emperors Diocletian and Maximian and the Cassars to Januarius and Others.

As you allege that you are colleagues and associates of Augeriua and his son in the collection of unpaid balances of taxes, and that they alone are charged with the collection of other claims, and that the responsibility rests principally upon them, and not upon them jointly with the others who were also appointed collectors, and as you assert that since the persons being separate, the responsibility should be divided, it is not contrary to law for the Treasury to be indemnified out of the property of those who were first designated to collect the unpaid taxes, and that afterwards those who appointed them should be sued, if the entire indebtedness is not discharged.

Therefore, Our Receiver-General must observe the provisions of the law, that is to say, he must first exhaust the property of the collectors, as well as of those responsible for their appointment, and, if the Treasury should not obtain enough for the payment of the entire indebtedness, it can also compel you to pay whatever may still be due to it.

4. The Emperors Valentinian, Valens, and Gratian to Archelaus, Count of the East.

Persons who are indebted to the Treasury shall, by all means, be held liable, and be compelled to pay out of their individual property the debts which they have contracted in their own names; and when they have done so, they will have a right to collect from their debtors any valid claims which they may have against them, in order that they may know that they can legally proceed against those whom they assert are indebted to them.

Given on the third of the Nones of July, during the Consulate of Our Prince Valentinian, and Victor, 369.

5. The Same Emperors to Fortunatianus, Count of Private Affairs.

A memorandum which contained the names of debtors, or persons who have entered into contracts with him, is said to have been found among the papers of a person whose property was confiscated, but there was no proof either by witnesses, or by any written evidence of indebtedness that the money had been lent, as was stated in the memorandum; hence, We think that it would be unjust for anyone to render another his debtor merely by a statement written by his own hand. Therefore We desire by the present law to prevent the prosecution of fraudulent claims by such means, so that the memorandum having been rejected as without foundation, no one of those whose names were mentioned therein may be compelled to make payment.

We order that this rule shall be observed in all similar cases.

Given at Hierapolis, on the day before the Nones of July, during the Consulate of Gratian, Consul for the fourth time, and Nerobaudus, 327.

TITLE III.

CONCERNING THE AUTHORITY OP AND THE RIGHTS CONFERRED BY SALES MADE AT AUCTION BY THE TREASURY, AND CONCERNING BIDS.

1. The Emperor Alexander to Curtia.

State to My Attorney what you have set forth in your application, as your request comes under his jurisdiction; and if you can prove to him that the sale was not authorized by an agent, or by someone who had the right to do so, and that the property was not sold at auction, nor disposed of in accordance with the formalities required by law, if you pay what you owe under the judgment, the sale which was contracted in bad faith must be rescinded, and you will receive the property, together with the profits which fraudulently came into the hands of the purchaser, or which it may be established ought to have come into his hands.

2. The Emperor Gordian to Heracleo.

There are two reasons in favor of your claim: first, as you state your property has been sold by public authority without having been offered at auction; and second, because you allege that, through the Tow price paid on account of the small amount of the debt, the sale was to the advantage of My Treasury and to your loss; therefore, take steps to have these unlawful proceedings annulled as much for the purpose of indemnifying the Treasury as to provide for your own security.

3. The Same Emperors to Crispus.

If there are no written proofs of the sale in existence, and your wife can show by any evidence that the house which you state she

bought from the Treasury in her own name is hers, and that she paid the price, the ownership of the property transferred to her, My attorney will not permit her to be annoyed by the Treasury, on the ground that the property belongs to her mother.

4. The Emperors Diocletian and Maximian, and the Csssars, to Marcellina.

If the time prescribed by law with reference to sales made at auction by the Treasury has not expired, as you state that you will pay more, apply to Our Receiver, in order that he may accept your legal offer of a higher price.

5. The Emperors Valentinian, Valens, and Gratian to Viventius, Prsetorian Prefect of the Gauls.

Property liable for unpaid taxes arising from the tribute of grain, or other claims due to the Treasury, which should be sold at auction by the authority of the latter, shall, no matter what the nature of the said property may be, forever belong by the right of ownership to those to whom anything of this kind has been regularly disposed of at public sale with the sanction of the Treasury. And if a rescript should ever be obtained by anyone, for the purpose of setting aside a sale of this kind made by the Treasury, it shall be null and void; as where any of their property has been adjudged to purchasers on account of fiscal indebtedness, even minors shall not have the power of recovering the same at any age, by pleading their minority when the transaction

took place.

Given on the third of the Nones of .November, during the Consulate of Our Noble Prince Valentinian, and Victor, 369.

6. The Same Emperors to Felix, Count of the Sacred Largesses.

If anyone should buy property at a public sale made by the Treasury for the payment of debts, he shall only be liable for the price of said property, which it is apparent that he purchased at auction, after publication has been made, for We protect such persons to the extent that We do not permit them to suffer any loss, under the pretext that a balance due to the Treasury remains unpaid.

Given at Martianopolis, on the seventh of the Ides of March, during the Consulate of Valentinian and Valens.

7. This Law is not Authentic.

TITLE IV.

CONCERNING THE SALE OF PROPERTY OWNED IN COMMON BY THE TREASURY AND PRIVATE INDIVIDUALS.

1. The Emperor Alexander to Eupleus.

It is the rule that whenever property is held in common by the Treasury and private persons, all of it shall be sold by My Attorney,

even though the smaller share belongs to the Treasury, but only the price of the portion to which it is entitled shall be paid to the Treasury, and the remainder shall be given to the joint-owner. Therefore, bring your action against the purchaser of the lands mentioned in your petition, before the proper judge, so that the former can set up the defences of which he has a right to avail himself.

TITLE V. THE TREASURY CANNOT EVICT PROPERTY WHICH is SOLD.

1. The Emperor Alexander to Hermia.

I deeply regret that the Treasury should call in question the payment that it received, in consideration of which it transferred the property in good faith, for it is only just that the purchaser should not be molested by having the title disputed, or for any other reason; as in sales of this kind the officials can settle their controversies without interfering with the purchaser.

2. The Emperors Honorius and Theodosius to Palladius, Prse-torian Prefect.

The dictates of justice and honesty do not suffer the Treasury to rescind a sale which it has once made.

TITLE VI.

CONCERNING THOSE WHO HAVE RECEIVED A LOAN OP MONEY PROM THE PUBLIC FUNDS.

1. The Emperors Valentinian, Valens, and Gratian to Probus, Prss-torian Prefect.

If anyone should receive money as a loan bearing interest from collectors, notaries, treasurers, or other officials, and is convicted, he shall, by the authority of this law, be liable to the penalty of quadruple damages.

Given on the fourth of the Ides of March, during the Consulate of Valentinian and Valens, 365.

2. The Emperors Gratian, Valentinian, and Theodosius to Palladius, Pr&torian Prefect.

All persons are hereby notified that no one is permitted to borrow money belonging to the Imperial Treasury. Therefore, if anyone should, without Our sanction, borrow money from Our Treasury for his private use, whether he does so secretly, or after having furnished a bond or other security, for the purpose of rendering himself a debtor, he shall be deprived of all his property, and sentenced to perpetual deportation. He, also, who lends or gives to anyone money out of the Treasury aforesaid, under the pretext of a public loan, shall be condemned to death.

Given at Heraclia, on the twelfth of the Kalends of August, during the Consulate of Eucherius and Syagrius, 381.

TITLE VII.

'WHERE CREDITORS ARE REFERRED TO THE TREASURY WHEN PECUNIARY PENALTIES HAVE BEEN PREFERRED.

1. The Emperor Antoninus to Marcellus.

The collection of a penalty is postponed until other creditors have obtained the settlement of their claims. Therefore, as, so far as the amount of the claim is concerned, the Treasury has the preference, so the same rule should be observed where triple damages are imposed by way of penalty, and added to the original amount.

TITLE Vill. CONCERNING FISCAL INTEREST.

1. The Emperor Antoninus to Antigonus.

Interest cannot be collected on the sum which you can prove has been imposed upon you by way of penalty, for My Attorney will not demand any more than the fine which has been imposed, but he will order you to pay the penalty.

2. The Emperor Alexander to Victorinus.

Where the claim was secured by a pledge, the Treasury, which took the place of the debtor, will be required to pay interest, if it was inserted in the original contract that this should be done.

3. The Emperor Justinian to Menna, Prsstorian Prefect.

We order that the Treasury shall also obey the law which We have promulgated, by which We permit creditors, with the exception of certain persons, to stipulate for the payment of six per cent interest, so that the Treasury itself cannot exact a higher rate than this from its debtors; whether they are indebted to it in the first place, or whether rights of action have been transferred to it by prior creditors in any way whatsoever.

TITLE IX.

CONCERNING THE REVOCATION OF DECISIONS RENDERED AGAINST THE TREASURY.

1. The Emperor Alexander to Acutianus.

It is a well-known rule of law that cases in which judgment is rendered against the Treasury can be revoked within the three years next ensuing, and, even after that time, if collusion should be established, or fraud clearly proved.

TITLE X.

CONCERNING PROPERTY WHICH HAS No OWNER, AND INCORPORATION.

1. The Emperors Diocletian and Maximian and the Caesars, to Euchiarius.

Your Highness should know that the property of persons dying intestate and without leaving any lawful heirs is confiscated to Our Treasury,1 and that municipalities which attempt to claim such property for themselves, on the ground that they have permission to do so, ought not to be heard. Hence, if you should afterwards ascertain that the property of persons dying intestate has been seized by municipalities, under the pretext of certain privileges which they enjoy, you will not hesitate to claim the said property for the benefit of Our Treasury.

2. The Emperor Constantine to the Receiver ZEmilms.

If, when we make a donation of land or a house, in writing, and state that it is given in its original condition, this expression signifies that it is transferred with all its appurtenances; that is to say, with everything belonging to it, including slaves, flocks, crops, and all rights attaching to the property; so that whatever is necessary for the cultivation of the land, or belongs to the house, may be embraced in the donation.

Given at Milan, on the sixth of the Ides of March, during the Consulate of Constantine, Consul for the third time, and Licinius, 313.

3. The Emperors Valentinian, Valens, and Gratian to Florentius, Count of Private Affairs.

Whenever any money is paid into Our Treasury as the result of confiscation, or for any other lawful reason, it should be formally added to the funds of the Empire, by the Count of Private Affairs, and a record of it made by the receivers of the different provinces, and everything should be carefully set forth in detail.

The written evidences of title by which lands become the property of Our Treasury must be publicly attested, and those who, on their own authority, attempt to appropriate anything for themselves from property of this description, shall suffer the severest punishment.

Given on the fourth of the Kalends of April, during the Consulate of Our Prince Valentinian, and Victor.

4. The Emperors Honorius, Theodosius, and Constantius to Pal-ladius, Prsetorian Prefect.

We order that the property of persons who die intestate shall be transferred to the Treasury, if the deceased left no blood-relative in the line of descent, nor any lawful heir.

Given at Ravenna, on the eighth of the Ides of July, during the Consulate of Eustatius and Agricola, 421.

1 "Quod nullius est, est domini regis."—ED.

5. The Emperors Theodosius and Valentinian to Hieritocrates, Count of Private Affairs.

Where property has no owner, or where, for any other reason, the title to it vests in the Treasury, certain Palatines should be chosen and sworn, so that, at their instance, the Governor of the province, in the presence of the Attorney for the Crown, can make diligent inquiry whose property it was that has no owner, and has escheated to the State, and how much there is, as well as what is the nature of the same; and if, after proper notice has been given, it should appear that there is no one legally entitled either to hold said property, or to claim it, it shall be forfeited to the Treasury, and this shall be established by the report of the Governor, as well as by documents drawn up for this purpose; and the inventory of said property shall be forwarded to Us, so that by Our command, if there is no owner, or there is some other good cause, it shall be placed at the disposal of the Treasury.

This rule shall be observed with reference either to a portion of the property or all of it, and where there is one claim, or several. If any fraud has been committed at the expense of the Treasury, the persons who have been appointed and are responsible shall not escape punishment. The Governor shall be fined half the amount of his possessions, and the Attorney of the Treasury shall be compelled to make good any loss which the Treasury has sustained through his fault.

Given at Constantinople, on the seventh of the Ides of October, during the Consulate of Our Lord the Emperor Theodosius, Consul for the fifth time, and he who may be appointed his colleague, 435.

TITLE XI. CONCERNING INFORMERS.

1. The Emperor Alexander to Haterins.

Where an implied trust has been left to someone who is entitled to receive it, there is no ground for information, for property cannot be left tacitly to those who have no right to receive it openly.

2. The Emperor Gordian to Nicontius.

The duties of your office require that you should, by all means, diligently prosecute the case of which information has been given by another by order of the Attorney of the Treasury, and the perusal of the documents which have been inserted into the petition clearly indicates that you did not voluntarily act as informer. Therefore, the illustrious Governor of the province will take special care that you shall not be personally molested, which would be an act contrary to the practice of My reign.

3. The Same Emperor to Clcelius.

Anyone who is alleged by officials to have in his possession land or buildings belonging to the Treasury cannot be branded with the disgrace or crime of an informer, who can show that not he, but another, is the possessor of the property.

4. The Emperor Philip to Candidus.

From the consideration of various laws, the conclusion is arrived at that persons who defend the interests of the government cannot be accused of being informers, as it is well known to all persons that only those who denounce others to the Treasury belong to that execrable class.

5. The Emperor Constantine to the Inhabitants of the Provinces.

We order all judges to exercise great diligence, in the punishment of informers who denounce others without first making application to the Advocate of the Treasury, for it is a perfectly clear rule of law that where the Treasury is entitled to any property from an estate which has no owner, or by the law, that it can only legally be claimed by advocates representing the Treasury. But for the reason that some persons, acting hastily, do not hesitate to denounce others as having possession of property belonging to the Treasury, those who consider themselves injured can invoke the severity of the law which is provided against informers.

Given at Constantinople, on the eleventh of the Kalends of April, during the Consulate of Constantius and Albinus.

6. The Emperors Gratian, Valentinian, and Theodosius to Pallius, Consular of Lydia.

We order that a slave who informs against his master shall, as an example to all traitors, be subjected to the severest punishment, even if he should prove his accusation. The crime of high treason, however, is excepted in such cases.

Given at Constantinople, on the seventh of the Kalends of November, during the Consulate of Antony and Syagrius, 382.

7 and 8. These Laws are not Authentic.

TITLE XII.

CONCERNING THE ABOLITION OF THE DEMAND FOR PROPERTY.

1. The Emperors Gratian, Valentinian, and Theodosius to Eutro-pius, Prsetorian Prefect.

When anyone has been convicted of the crime of treason and punished, his property shall be confiscated to the Treasury (as is customary in the expiation of this offence) and let no one venture to claim the said property as his own under the pretext that it has been given him by the Emperor. Anyone who plans anything in opposition to this law shall be considered to have violated it. As We, however, are in certain cases frequently constrained by the importunity of petitioners to grant what should not be conceded, We decree that if anything should be obtained by an Imperial Rescript contrary to the provisions of this law, as enacted, it shall be void.

Moreover, if We desire to grant anything out of property of this kind, We shall do so at Our own instance, and not in compliance with the request or demand of anyone whomsoever; and a concession of this kind shall, alone, possess validity.

Given at Thessalonica, on the sixteenth of the Kalends of December, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

2. The Emperors Theodosius and Valentinian to Florentius, Pras-torian Prefect.

As We desire to eradicate every pretext for seizing the fortunes of others, We decree that hereafter no one shall have a right to claim such property. If any person of either sex should die intestate, and leave no relatives, or a wife or a husband, no matter what his or her status may be, nor to what sect he or she may belong, nor under what title the estate may revert to the Treasury, let no one dare to demand the property of said deceased person, no matter to what rank or sect he or she may belong, if Our Treasury has a legal right to the same; as it is not proper even for those who have authority to act by reason of their official positions to violate Our laws with impunity. If the illustrious Qusestor should, at any time, grant a petition presented to him for this purpose, or should give a favorable answer to it, or if the illustrious Count of Private Affairs should permit a petition to be drawn up, or authorize what is included therein, he shall be punished and his rashness made an example to others.

Again, We decree that those who draw up such papers for the purpose of obtaining rescripts of this kind, or which have in view their enforcement shall, as well as the Palatines who granted the prayers of the petitions or were instrumental in their execution, be punished with confiscation. We decree that, in like manner, property belonging to the State shall not be made the subject of any petition, and that no pragmatic order, or Imperial note or any other response proceeding from the throne, or any mandate obtained in violation of this Our law, shall hereafter have any force or effect.

TITLE XIII. CONCERNING THOSE WHO DENOUNCE THEMSELVES.

1. The Emperor Constantine to Maximus.

If he to whom an estate has been tacitly left by a trust should immediately communicate the fact to Your Highness, produce the documents establishing the fact, and at once renounce all claim to the trust, he shall receive the third part of the entire estate of the deceased as a reward for his good faith.

When a communication of this kind is made to you by the widow of the deceased, and documentary evidence shows that the latter intended that she should be his heir, she will be entitled to half of the estate by way of recompense, and it shall be equally divided between herself

and the Treasury. She shall also have the privilege of the first choice of the property, and the person who was guilty of the fraud, and was the enemy of both the Treasury and the woman, shall be deprived of all his possessions, which shall be confiscated to the Treasury, and he shall be deported to an island.

Given during the Ides of March, during the Consulate of Gallicanus and Bassus, 317.

TITLE XIV.

WHERE A JOINT OWNER OF PROPERTY DONATED BY THE EMPEROR DIES WITHOUT HEIRS.

1. The Emperor Constantine to Mygdonius, Marshal of the Palace.

We order that if anyone of those to whom any property has been given by Us should die without leaving an heir, his share of the same shall, by way of consolation, pass to his associate, rather than to any other person.

TITLE XV.

CONCERNING TREASURE TROVE. 1. The Emperor Leo to Erythrius, Praetorian Prefect.

Let no one hereafter annoy Us with petitions having reference to treasure found either by himself or by someone else upon his own land or upon that of another, for We give full power to everyone to seek for treasure on his own premises, provided he does so without the practice of wicked arts and sacrifices punishable by law, or by any other prohibited means (that is to say, where the treasure has been hidden for a long time by the owners, who are unknown), and having found the same, to make use of it. This manifestation of Our liberality has been conceded in order that hereafter no malicious prosecution may be instituted against those who have experienced the kindness of the Deity, as it would be superfluous to request by a petition what has already been granted by law, and the generosity of the Emperor.

Moreover, let no one dare to seek for hidden treasure for himself on the land of others, without their consent, and especially where they are unwilling, and do not know that this is being done. Where anyone thinks that an application should be made to Us on this subject, or he has been found to have sought for treasure on the premises of others, contrary to the provisions of this law, he shall be compelled to surrender it to the owner of the land, and be punished as a violator of this most salutary decree. If, however, he should find any treasure on the land of another, while plowing or cultivating the same, or under any other circumstances, without having had the design of searching for it, he shall have the right to retain half of what he finds, and must restore the other half to the owner of the land, and in this way each one will enjoy what he is entitled to, and will not covet what belongs to others.

TITLE XVI.

CONCERNING TRIBUTES PAYABLE IN GRAIN AND MONEY.

1. This Law is not Authentic.

2. The Emperors Valerian and Gallienus to Alienus.

An heir will be liable for the debts of the estate in proportion to his share of the same, but the tribute of grain is absolutely payable by the person who is in possession of the land, and gathers the crops.

3. The Emperors Diocletian and Maximian, and the Caesars, to Herennius.

Taxes are ordinarily imposed not on persons, but on property; and therefore the Governor of the province will see that you are not compelled to pay more than the value of your possessions demands.

4. The Emperor Constantine to Proculiamts.

All persons should be familiar with the amount of taxes which We have imposed, and with the fact that no one has any power to collect more or less than that amount. For if any vicegerent or Governor of a province should think that someone ought to be released from the payment of any portion of his tax, that from which he released another, he shall be forced to pay out of his own property.

Given at Constantinople, on the fifteenth of the Kalends of July, during the fourth Consulate of Constantine and Licinius, 315.

5. The Emperor Constantine to Uranius.

All persons should be compelled to pay their share of the public obligations, for, by the law which We have promulgated, the taxes which We have imposed upon Our beloved inhabitants of provinces are not extraordinary, and should not be so designated.

Given on the third of the Nones of February, during the Consulate of Constantius, Consul for the second time, and Constans, 339.

6. The Emperors Valentinian and Valens to Dracontius, Vicegerent of Africa.

We order that tributes consisting of grain shall be transported to the frontiers, when the places where they are situated and the proximity of the land permit this to be done.

Given at Milan, on the fifteenth of the Kalends of July, during the Consulate of Valentinian and Valens, 365.

7. The Emperors Gratian, Valentinian, and Theodosius to Princi~ pius, Prsetorian Prefect.

It is clear that a rescript obtained for the purpose of defrauding the public by evading the tribute of grain can have no legal force. Therefore the imposition of this tax shall affect all persons in the same manner.

Given at Aquileia, on the eighth of the Kalends of October, during the Consulate of Arcadius and Bauto, 385.

8. The Emperors Valentinian, Theodosius, and Arcadius to Cyne-giuSf Praetorian Prefect.

No owner of land shall have an excessive tax for the construction of buildings or the transport of grain imposed upon him, but all shall bear the burden equally, the distance and requirements of transportation having been duly taken into account.

Given at Constantinople, on the tenth of the Kalends of January, during the Consulate of Arcadius and Bauto,.385.

9. The Same Emperors to Cynegius, Prsetorian Prefect.

The inland cities had formerly burdens imposed upon them by those situated on the sea, and vice versa, so that they were subjected to more expense than the amount of the tax. By the present law We forbid this to occur both now and hereafter, and those who commit such acts are notified that they will be punished with death.

Given at Valentia, on the third of the Nones of September, during the Consulate of Our Prince Honorius, and Evodius, 386.

10. The Emperors Arcadius and Honorius to Minervius, Count of Private Affairs.

The privileges of rank cannot interfere with the public welfare, or the requirements imposed by law; therefore, where anyone is entitled to the use of land, and has not paid his taxes within the term of a year, nor during the following six months, the person to whom he is said to be bound will be compelled to pay whatever is due; and We desire this to apply to those who are the owners of the property.

Published during the Consulate of Honorius, Consul for the fourth time, and Eutychianus, 398.

11. The Same Emperors to Eutychianus, Prsetorian Prefect.

Judges who are negligent with reference to the claims of Our Treasury, and are proved to have been careless in this respect shall be compelled to surrender all the emoluments which they have acquired during their term of office.

12. The Emperors Theododius to Isidore, Prsetorian Prefect of lllyria.

We decree that only the amount shall be collected in every province which Your Highness stated has recently been promised by each. No appraiser shall, hereafter, be appointed for the valuation of land (which the inhabitants of the provinces especially dread).

The remainder of the provinces shall not follow the example of the Macedonians, and only half of the amount of the tribute, which they are known to have offered, be collected. Those, however, who can show that no more than the third part of what they owe can be raised by them, shall pay the same; after which they may be released, so far as the remainder is concerned.

This rule shall always be observed hereafter, but is not applicable to the Holy Church of the City of Thessalonica, which is notified that,

through Our indulgence, it is released from the payment of all taxes, and that the State should not be injured by the exemption of private individuals from the payment of tribute through the abuse of the name of the Church.

Given at Constantinople, on the sixth of the Ides of October, during the fifth Consulate of Victor, 424.

13. This Law is not Authentic.

TITLE XVII. CONCERNING ADDITIONAL TAXES.

1. The Emperors Honorius and Theodosius to Palladius, Prsetorian Prefect.

All persons, who are in possession of land under any title whatsoever, upon which land a supplementary tax has been imposed, shall be compelled to pay the same, as in the case of ordinary taxes. And in order that no doubt may arise on this point, We hereby decree that a tax of this kind shall be considered an ordinary one. Therefore no house either owned by the Crown, held under the right of emphyteusis, or belonging to a private individual (even if it should be shown to enjoy such a privilege) shall be released from the necessity of payment of such a tax which shall not now, as heretofore, be considered extraordinary, but by the terms of this law shall be deemed an ordinary one.

Given at Ravenna, on the seventh of the Ides of January, during the Consulate of Theodosius, Consul for the seventh time, and Palladius, 417.

2. The Emperors Theodosius and Valentinian to Darius, Prsetorian Prefect.

Your Highness should indicate, by a regular notice despatched to the different provinces, the amount of taxation to which each province is liable, before the payment of the same becomes due, so that the owners of land may know in advance what they will be required to pay, and not be taken unawares, no additional expense be imposed upon the people of the province, and the exertion of unlawful severity by officials charged with the collection of taxes be avoided.

Given on the fifth of the Kalends of September, during the Consulate of Isidore and Senator, 436.

TITLE XVIII. CONCERNING SUPPLEMENTARY TAXES.

1. The Emperors Gratian, Valentinian, and Theodosius to the Proconsuls, and all Governors of Provinces.

No inhabitants of a province shall, in obedience to the written commands of the Prefect, be compelled to pay any supplementary tax,

or any kind of tax whatsoever, unless the order has been confirmed by Us, and strengthened by the Imperial authority, after which it may be imposed and collected.

Given at Milan, on the seventh of the Kalends of July, during the Consulate of Antony and Syagrius, 382.

TITLE XIX. CONCERNING THE COLLECTORS OF TRIBUTE.

1. The Emperor Constantine.

The Ducenarii, Centenarii, and Sexagenarii should not attempt to collect the tax due from debtors before having received complete lists of the said debtors, and the amounts they owe from the Registrar of the City. The collection should be made without any peculation.

Given during the Kalends of November, during the fourth Consulate of Constantine and Licinius, 315.

2. The Same Emperor to the People.

Let no one apprehend being placed in prison, whipped with leaded scourges, tortured with weights, or subjected to any other punishment by perverse or angry judges, for having been delinquent in the payment of taxes. Imprisonment should only be inflicted upon those who are guilty, and judges and their subordinate officials should be aware of this fact, and if they violate this law shall be branded with infamy. Persons liable to the payment of taxes can, with safety to themselves, appear before the Governor; or, if anyone should be so destitute of human feeling as to abuse Our indulgence by being guilty of obstinacy, he shall be confined in a military prison which is open, healthy, and fitted for the occupation of men. If he should continue in his perverse wickedness, the collector shall seize all his property, and make payment of the taxes out of the same.

We believe that by granting this power to collectors, all persons will be more inclined to the payment of those contributions which are demanded by the common welfare for the use of Our army.

Given on the Kalends of February, during the Consulship of Constantine, Consul for the sixth time, and the Csesar Constantius, 320.

3. The Emperor Constantine to Nemesianus, Count of the Imperial Largesses.

Anyone who is ascertained to be indebted both to a private person and to the Treasury, and has been arrested by an officer, shall be required to discharge the entire debt; and anyone who rescues him shall be punished, and himself be compelled to pay all that is due, if he is proved to have seized and removed the said debtor.

Given at Nisibis, on the fourth of the Ides of May, during the Consulate of Amantius and Albinus, 345.

4. The Same Emperor to Eustachius, Praetorian Prefect. The stewards and other officers of Our private affairs can, when necessity demands it, be compelled by the authority of the law to pay

any legal indebtedness in order that immunity from contribution to Our private purse may not be imposed solely upon the people of the provinces.

Given at Rome, on the eighth of the Ides of March, during the Consulate of Liminius and Catulinus, 349.

5. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.

Those whose duty it is to collect taxes must state in writing the amount due, and make a memorandum of their receipts, so that by this means the officials may ascertain what has been collected> and what has been omitted; and the receiver may not be compelled to undertake a long journey, and be absent from his curia, and his private business suffer in consequence.

Given at Constantinople, on the day before the Ides of April, during the Consulate of Theodosius, Consul for the third time, and Abundan-tius, 393.

6. The Emperors Arcadius and Honorius.

Where debts are due to the Treasury, that is to say, contributions of grain and other things which should be delivered at the Prefecture, as well as those which require the services of Registers, the Governors of the provinces shall be liable for the same, as they are required to provide for their collection, and their authority must be exerted for that purpose.

7. The Same Emperors.

The opinators, that is to say, the collectors of military contributions, together with the appointed judges and the subordinate officers of the latter, are obliged to collect what is due within the term of a year. There is nothing in common between them and the party in possession, for the latter must not proceed against the soldier, but against the collector, if he is responsible. Therefore, judges who permit the people of the province to be annoyed by opinators are liable to the penalty of double the amount involved; and the attendants of any official shall be liable to the sentence of deportation, if they delegate to soldiers collections which should be made by themselves, and members of the curia shall be condemned to temporary exile, if they think that collections which they are required by law to make can be entrusted to opinators.

The judge must decide who the debtors are, and see that their names are carefully inscribed upon the registers, and that the officials, or members of the curia, in compliance with the custom of the neighborhood, obtain from the debtors the amounts of their assessments, so that, the taxes having been collected, the opinators may, at the end of the year, be able to rejoin the divisions of the army to which they belong. When the collection is protracted beyond the term of a year, the judges and their subordinate officials shall be compelled to make up the deficiency to the soldiers without delay, and they themselves shall be entitled to recourse against the persons Liable to the payment

of the taxes. In case complaint is made to Us that the military collectors did not make their returns within the prescribed time, double damages shall be immediately collected from them, half of which shall be paid to the soldiers, and the other half to the Treasury. For the purpose of aiding judges and their officials, We permit them to employ all the authority of their offices against obstinate debtors, without reward to their rank. If payment is delayed without any good reason, recourse can be had to the stewards and agents, and their land, and their names must also be communicated to Us.

Given on the third of the Ides of July, during the Consulate of Vicentius and Fravittus, 401.

8. The Emperors Theodosius and Valentinian.

If the household of the Emperor, or indeed that of any other person, no matter what his rank or fortune, actually possesses lands outside the principal town of the district, which were not acquired through patronage, but by sale or any other title whatsoever, and taxes imposed upon them by the State, and for which the former owner was liable are not paid, the said lands shall be confiscated, and assigned to the curia of the city to whose jurisdiction they are subject.

It has appeared to Us advisable to provide for the public welfare and the collection of the taxes to which the State is entitled by the enactment of this law.

9. This Law is not Authentic.

TITLE XX. CONCERNING ILLEGAL COLLECTIONS.

1. The Emperors Arcadius and Honorius to Apollodorus, Proconsul of Africa.

Where any sum over and above what is due has been exacted by officials of the curia, their subordinates, or any other collectors, they shall be required to surrender double the amount received, which shall, at once, be refunded to the persons who paid it.

Where any collector is convicted of the crime of extortion, his avarice shall be punished with death, if he should commit the offence a second time, after having once been forbidden to do so.

Given on the day before the Ides of March, during the Consulate of Stilicho and Aurelian, 400.

TITLE XXI.

CONCERNING THE SEIZURE AND SALE OF PROPERTY FOR THE PAYMENT OF TAXES.

1. The Emperor Constantine to the Africans.

The property of those who, through obstinacy, refused to pay what is due from them to the Treasury, shall be sold, and the right of possession for the future shall be fully assured to the purchasers.

Given on the fifteenth of the Kalends of June, during the Consulate of the Cffisar Constantine, Consul for the fifth time, and Maximus, 327.

2. The Same Emperor.

It is sufficient for a debtor to be compelled to pay his tribute of grain, by means of the seizure of his property.

Given on the eighth of the Ides of December, during the Consulate of Constantius, Consul for the seventh time, and Constans, Consul for the third time, 354.

TITLE XXII.

CONCERNING PUBLIC RECEIPTS, CURIAL SURVEYS OF LANDS, AND CIVIL APPOINTMENTS OF TAXES.

1. The Emperors Honorius and Theodosius to Anthemius.

For the purpose of exalting the fortunes of decurions that are of inferior rank, and to repress the encroachments of others who are more powerful, as well as to keep both classes under control, it has been decided that the official valuations of property, which are required to be made under various circumstances among the different orders of the people, shall not be carried into execution before having been submitted to the Governors of provinces, and approved in accordance with their decisions.

The money collected from contributions of this kind must be certified for by the Receiver of the Treasury, and the receipt must contain the date, the name of the consul, the month, the description of the land, and the amount, in which way the nature of the property, as well as the justice of the tax, may appear, and be established by documentary evidence.

The rule shall also be observed that, at the end of every four months, the reports formally submitted to Your Excellency must include a detailed statement of what has been collected, as well as of any balance due; so that all persons who stand in awe of your authority may not venture to attempt anything for the relief of the wealthy, or the oppression of the poor.

It is proper for this law to be obeyed, since the property of the opulent is derived from the resources of the curia, as well as for the reason that both the poor and the rich may reap the same benefit.

If any judge, accountant, or decurion should think that he can violate this law, he shall be punished as Our authority may decide.

Given at Constantinople, on the seventh of the Kalends of September, during the fifth Consulate of Varanus.

2. The Emperors Theodosius and Valentinian to Celer, Proconsul of Africa.

Where a receipt has once been issued for the payment of taxes, the person to whom it was given shall not be annoyed by another official. Therefore, Your Excellency, having complied with the pro-

visions of this most salutary and equitable law, will hereafter prohibit those who it is clear have obtained a receipt, and hence are not liable, from being again compelled to discuss a transaction which has already been concluded.

Given at Ravenna, on the fifth of the Kalends of May, after the fifth Consulate of Felix and Taurus, 429.

3. The Emperor Martian to Constantine, Pr&torian Prefect.

Any inhabitant of the provinces and taxpayer who can prove payment of his tax, after the expiration of a certain number of years, that is to say, if he can produce receipts for three successive years, shall not be required to produce any for those which precede this time; nor can he be compelled to make payment of taxes for the time which has passed, unless either a decurion or some subordinate official, deputy, accountant, or collector of public debts holds a bond executed by the possessor of the property, or taxpayer; or if it should be evident from the facts in the case that what he claims, that is to say, the taxes for the time antedating the three years prescribed by law, are due to him.

4. The Emperor Justinian.

We do not, under any circumstances, permit an exception on the ground that the money was not paid to be pleaded against receipts signed by public officials, evidencing the payment of either the entire amount, or a portion of the same.

TITLE XXIII.

CONCERNING THE LAW RELATING TO TAXES DUE TO THE FUND OF THE IMPERIAL LARGESSES.

1. The Emperors Gratian, Valentinian, and Theodosius to Julianus.

We order that the entire quantity of gold, silver, and other contributions which it is customary to pay into the Treasury of the Imperial Largesses shall, immediately after it has been collected, be turned over to the treasurer of each province, or to the one nearest at hand, under the seals of the Registrar and those whose duty it is to do so, as prescribed by former laws; and We order those having charge of the Treasury to deliver the amount intact to the Count of Private Affairs.

2. The Emperors Honorius and Theodosius to Anthemius, Prse-torian Prefect.

The officers of the palace who have charge of the Imperial Largesses, as well as the private purse of the Emperor, when they are sent into a province, shall not, on their own authority, presume to institute legal proceedings against possessors of property, for any cause whatsoever, or under any pretext of a debt due to the Treasury,

whether any balance of unpaid taxes remains, or whether those of the present time are payable; but the Governor of the province, having been applied to, may compel this to be done, and may charge his subordinates with the performance of this duty.

When, however, the Governor endeavors to avoid the trouble of complying with the notices served upon him for this purpose; or, for any other reason, by his own authority, transfers the charge of collecting the taxes to the said officials of the palace, he himself, as well as his subordinate officers, shall pay a fine of twenty pounds of gold to the Treasury.

Given at Constantinople, on the seventh of the Ides of December, during the Consulate of Bassus and Philip, 408.

3. The Emperor Leo.

We decree that the secretaries attached to the subordinate officials of each province for the purpose of keeping an account of their transactions shall not be required to travel rapidly from one place to another, nor be subjected to any other charge contrary to long continued custom; and they are also forbidden to do this by the authority of the Prefect, so that, being freed from these requirements, they may with more fidelity discharge their duties with reference to largesses. If, at any time, this law should be rashly violated, then the Governor of the province, as well as his subordinate officers, shall be punished with a fine of thirty pounds of gold.

Moreover, the illustrious Count of the East and his subordinates shall have power to restrain the illegal acts not only of the Governors, but also'of the other officials, when information concerning them has been communicated to him by the Palatines, and they will be liable to the same penalty if they do not, under all circumstances, see that Our decrees are carried into effect.

(1) We hereby order that, in all the provinces, the appointment of special collectors for the Treasury of the Largesses, as well as for the defence of the secretaries, shall not only be made by the illustrious Governors of the provinces, but also by the distinguished Proconsuls, or the Augustal Prefects, and Vicegerents, together with their officers, whenever required, and notified by the Palatines.

This having been done, after the appointment of the special collectors for the Treasury of the Largesses, neither the Governors of provinces nor their subordinates, nor the decurions, shall be permitted to remove any of the sums collected which belong to the Imperial Treasury, or which should be transferred to the provincial treasurers, or to any other fund than that to which it belongs. Every four months, reports must be made by the proper accountant of the amounts collected and appearing on the public registers, to be transmitted to the capital of the Empire, on the responsibility of the Governor of the province. The judges themselves, as well as their subordinates, are hereby notified that they will be subjected to the penalty above mentioned, if the present law, which We have promulgated, should not be observed in every respect.

4. The Same Emperor.

We order that if the levy issued by the Prefecture to the different provinces every year, according to custom, should fail to provide for the taxes payable to the Treasury of the Largesses, or for some reason the collection of said taxes should not take place, the illustrious Proconsuls as well as the Vicegerents and the distinguished Count of the East, the Augustal Prefect, the Governors of provinces and their subordinates, together with the decurions, shall have authority to make the collection, and they must constantly bear in mind that they will be liable to a fine of twenty pounds of gold if anything less than what ancient and long-continued custom has established as due to the fund of the Imperial Largesses should be collected or paid into the Imperial Treasury.

TITLE XXIV. No LABOR SHALL BE REQUIRED OF TAXPAYERS.

1. The Emperors Valens, Gratia/n, and Valentinian to Viventius, Praetorian Prefect.

Your Highness must see that an end is put to the performance of labor which, up to this time, has been illegally exacted from the inhabitants of the provinces.

Given on the tenth of the Kalends of March, during the Consulate of Our Prince Valentinian, and Victor, 369.

TITLE XXV.

EXEMPTION FROM TAXATION SHALL BE GRANTED TO NO

ONE.

1. The Emperors Gratian, Valentinian, and Theodosius to the People.

Under the terms of the present Edict, the accountants of municipalities shall be subjected to punishment by fire, if they, induced either by fraud, bribery, or the exertion of power, afford anyone unlawful immunity from taxation.

All special exemptions not included in the preceding provisions are hereby absolutely abolished, and the necessity for the payment of taxes, when confirmed by the judges of the provinces and the officials having charge of the same, is hereby imposed upon all persons.

Given at Milan, on the third of the Nones of March, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.

2. The Emperors Honorius and Theodosius.

Owners of property in Bithynia and other provinces shall be compelled to pay taxes for the repair of public highways, and other charges of this kind, in proportion to the number of acres of land or head of cattle which they are known to possess.

TITLE XXVI.

CONCERNING PROPERTY STORED IN PUBLIC WAREHOUSES.

1. The Emperors Valentinian and Valens to Volusianus, Prefect of the City.

We desire all articles stored in public warehouses to be used in such a way that what is brought from your prefecture shall not be placed in the warehouses until the grain now there has been exhausted, and if a portion of the latter should be found to be spoiled, so that it cannot be used without complaint, some of what is new shall be mixed with it, in such a way that what has been damaged may be concealed by the addition, and the Treasury sustain no loss. You should, according to your discretion and judgment, select a man for this duty who is of high character, prudent, and faithful, and by all means conscious of his own integrity, by whom a guard must be appointed, as well as an inspector who shall either measure the grain, or make a correct estimate of the amount stored in the warehouse.

Given on the sixth of the Ides of April, during the Consulate of the Divine Jovian, and Varronianus, 364.

2. The Same Emperors and Gratian.

We desire that whenever you go to a city or a military post, you at once inspect the public warehouses, in order that provisions of excellent quality may be furnished Our devoted soldiers; for if through your neglect of the duties of your office, and the bad condition of the roofs of 'the buildings, any of the provisions should be spoiled by rain, you will be responsible for the damage.

3. The Emperors Arcadius and Honorius to Anatolius, Prsetorian Prefect of Illyria.

No one, hereafter, shall have the right to touch government property stored in warehouses, for if any person should be so rash as to dare to appropriate for himself any of the property aforesaid, he is hereby notified that he will be liable to the penalty of deportation, which has been prescribed by Us, and will be compelled to suffer the loss of all his property.

Given at Constantinople, on the seventh of the Ides of July, during the Consulate of Csesarius and Atticus, 397.

TITLE XXVII.

No ONE SHALL BE PERMITTED TO REFUSE TO SELL PROPERTY, AND CONCERNING THE DUTY OF MAKING PURCHASES FOR THE PUBLIC BENEFIT.

1. The Emperor Anastasius.

We decree that when, through urgent necessity, purchases of wheat, barley, or other grain take place in any province whatsoever,

no owner of said property shall, under the pretext of any privilege whatsoever, have the right to refuse to sell it, and that in accordance with the terms of this, Our most salutary law, permission shall never be given to the possessor of such articles in any way or at any time, to avail himself of any rescript, pragmatic sanction, or judicial decree, by which he may claim immunity. Therefore We desire that these burdens shall be imposed upon all persons in proportion to the allotment of each, and We do not allow even Our own household, or that of Our Most Serene Consort, to be exempt from this obligation.

2 and 3. These Laws are not Authentic.

TITLE XXVIII.

CONCERNING THE COLLECTION OF TAXES ON DONATIONS

AND CONCEENING TRIBUTES AND PROPERTY CHARGED

WITH PAYMENTS IN KIND.

1. The Emperors Valentinian, Theodosius, and Arcadius to Her-mocrites, Praetorian Prefect.

We decree that the regulation of Antiochus of distinguished memory, which levied a certain tax on tributary property in the name of the law, shall not be repealed. For as this became a part of the law, and was required to be paid every year, We do not permit anyone to be exempt from it, either in the past, or in the future.

We desire that the rule above mentioned shall be observed, not only with reference to past time, but also with reference to that which is to come, and with respect to tributary property, as well as such as has been donated by the Emperor, along with any charged with the payment of tribute in kind, or whose nature has been changed, or which passes under some new designation, and that no trouble need ever be anticipated on account of the imposition of additional charges.

We not only relax the rule with reference to the past, but decree that nothing new and no increase of the burden shall be ordered in the future, and that, hereafter, no one shall be permitted to have hiis property exempt in opposition to the Imperial Decrees. Your Highness is advised that if, at any time, a rescript contrary to the present law should be sent to you with Our sanction, or if you should'obey any Imperial Mandate (even if one should emanate from Us) which is contrary to the provisions of this law, or anyone should think that debtors ought to be exposed to a hardship of this kind, he is hereby notified that he will be liable to a fine of two hundred pounds of gold.

TITLE XXIX. CONCERNING THE PAYMENT OF TAXATION IN COPPER.

1. The Emperors Arcadius and Honorius to Hilarius.

We consent that the payment of taxes in copper, which is collected from the inhabitants of certain provinces, may be made in gold, so

that one solidus of gold may be paid by the owner of the property instead of twenty pounds of copper. .

Given at Milan, on the fifth of the Kalends of January, during the Consulate of Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 396.

TITLE XXX. CONCERNING ASSESSORS.

1. The Emperors Valentinian, Theodosius, and Arcadius to An-themius, Vicegerent of the Spains.

Whenever it is established that property has been unjustly appraised, and the assessor cannot give a good and sufficient reason for the estimate which he made, he himself shall immediately be compelled to make good the loss, to which he wrongfully subjected the debtor.

Given on the day before the Ides of May, during the Consulate of Our Prince Valentinian, and Victor, 369.

2. The Emperors Arcadius and Honorius to Messala, Prsstorian Prefect.

In order to prevent extortion being practiced against persons liable to taxation, because of the loss of their receipts, We decree that when receipts have been mentioned in the public records as having been given either by assessors or other officials, the sums paid cannot again be unjustly demanded.

Given at Milan, on the fifth of the. Kalends of December, during the Consulate of Stilicho and Aurelian, 400.

3. The Emperors Theodosius and Valentinian.

We decree that in all provinces and cities, no persons, including members of Our Consistory, soldiers, and advocates, whether they are in practice or not, or belong to the provincial bar, shall be exempt from the performance of their official duties, so far as the appraisement of property is concerned.

4. This Law is not Authentic.

TITLE XXXI.

CONCERNING DECURIONS AND THEIR SONS WHO ARE CONSIDERED DECURIONS, AND IN WHAT WAYS THEY MAY BE RELEASED FROM THE DUTIES OF THE DECU-

RIONATE.

1. The Emperors Valerian and Gallienus.

If, in accordance with the wishes of your father, the office of de-curion was conferred upon you during his lifetime, his heirs will be liable to the State, for, in this instance, your father is considered to

act as surety for you, but recourse cannot be had to him until after your property has been exhausted.

2. The Emperors Diocletian and Maximum.

It is necessary for the magistrates, after having formally summoned the decurions to their place of meeting, to appoint them to their several employments, and, by means of a public officer to notify each one of them of the duty which he is to perform, and for which he was appointed; and he will have the right to appeal if he desires to do so, and present his case before the Governor of the province in the usual way. If the latter should decide that the appointment ought not to have been made, the expenses of litigation must be refunded to the plaintiff by the official responsible for it.

3. The Same Emperors and Ctesars.

As you voluntarily accepted the office of the decurionate, you cannot be released, even though you state that you are advanced in years.

4. The Same Emperors and Csesars.

As there is no doubt that an adoptive son himself becomes a de-curion on account of the office of his adoptive father, it is not proper that you should be guilty of atrocious cruelty to one whom you have accepted in the place of natural offspring; nor can unlawful bodily torture be inflicted upon him by the Governor of the province, but he should be punished by the imposition of a suitable penalty.

5. The Same Emperors and Caesars.

You have been incorrectly informed that sons who are under paternal control can be called to the performance of official duties. Still, if you did not give your consent to the appointment of your son, you cannot be held liable for his administration.

6. The Same Emperors and Csesars.

The laws do not prohibit even illiterate persons from discharging the duties of decurions.

7. The Same Emperors and Csesars.

Although brothers have an undivided interest in their property, each one will, nevertheless, be individually responsible for the discharge of his official duties.

8. The Same Emperors and Csesars.

Infamy, which should be shunned by you, will deprive you of the office that you have obtained, which the loss of your eyesight will not do.

9. The Same Emperors and Csesars.

It is established that, among decurions, a father will take precedence over those who have no children.

10. The Same Emperors and Csesars.

If the Governor of the province should find that your father is more than seventy years of age, he will see that he enjoys exemption from personal service in office.

11. The Same Emperors and Csesars.

There is no doubt that a wife cannot be held responsible for the obligations of her husband, as decurion.

12. The Same Emperors and Csesars.

It is settled that anyone branded with infamy is not entitled to immunity, as this privilege only attaches to persons of unblemished character.

13. The Same Emperors and Csesars.

Neither the decurions of a Governor, the age of fifty years, nor the gout, affords a valid excuse for exemption from the duties of the decurionate.

14. The Emperor Constantine to Evagrius.

No judge shall, on his own responsibility, release a man from the office of decurion; for if anyone should be so unfortunate as to deserve relief, his case must be referred to Us, so that he may be relieved from his official duties for a certain time.

Published on the Ides of March, during the third Consulate of Constantine and Licinius, 313.

15. The Same Emperor to Mechilius Hilarian.

We wish all decurions to refrain from exercising the functions of

notaries.

Given on the third of the Kalends of February, during the Consulate of Sabinus and Rufinus, 316.

16. The Same Emperor to Hilarian, Proconsul of Africa.

If any decurion should, either on account of his own affairs, or of those of the State, be compelled to appear before Our Council, he shall not leave before communicating to the presiding judge the reason for his journey, and obtaining his permission to depart. If anyone should be so audacious as to disregard this law, he shall undergo suitable punishment for his act.

Published at Carthage, on the sixth of the Ides of July, during the third Consulate of Crispus and Constantine, 324.

17. The Same Emperor to Evagrius, Praetorian Prefect.

Anyone who abandons the office of decurionate to enlist in the army shall be recalled to his curia.

Given on the sixteenth of the Kalends of June, during the Consulate of Constantine, Consul for the second time, and the Caesar Con-stantius, 326.

18. The Same Emperor.

Where anyone appointed to the magistracy takes to flight, and, while sought for, obstinately remains concealed, his property shall be given to those who at that time are called to perform in his place the functions of the duumvirate, so that if he should afterwards be found, he may be compelled to act as duumvir for two years. All persons who refuse to discharge their public duties shall be liable under the same rule.

Given on the third of the Kalends of October, during the Consulate of Constantine, Consul for the ninth time, and Constantius, Consul for the fourth time, 326.

19. The Same Emperor to Lucretius Paternus.

Having annulled the rescripts by which exemption from the duties of civil office is conceded to all, persons are hereby subjected to the discharge of these civil duties, so that no release will be valid, even if granted with the consent of the people or the curia, but all citizens are required to perform their civil obligations.

Given at Heraclia, on the eighth of the Kalends of November, during the Consulate of Constantine, Consul for the eighth time, and Constantius, Consul for the fourth time, 326.

20. The Emperors Constantius and Constans to the Decurions of the City of Constantine.

Your Highness must require the magistrates of the City of the Cyreneians who have abandoned their places to return, and they shall immediately be required to refund in full any expense incurred by the City on their account.

Given on the fourteenth of the Kalends of February, during the Consulate of Acyndinus and Proculus, 340.

21. The Same Emperors to Count Nemesianus.

The decurions of all cities should suffer no anxiety on account of property belonging to Our private domain, nor should they be subjected to any extraordinary burdens of this kind, as it will be sufficient if they properly discharge duties of their office.

Given on the day before the Ides of August, during the Consulate of Acyndinus and Proculus, 340.

22. The Emperor Julian to Julian, Count of the East.

Former Emperors permitted children born of mothers whose families are connected with the decurionate to belong to the curia of Antioch, when the status of their fathers did not entitle them to any such privilege.

Given at Antioch, on the fifth of the Kalends of September, during the Consulate of Mamertinus and Nevitta, 362.

23. The Same Emperor to Julian, Count of the East. Provision should be made to prevent those who have only recently been appointed to the Order of Decurionate from being burdened with

the debts of their predecessors, for those who have previously contracted such obligations should be compelled to pay them, and you must not suffer their successors to be molested on account of the indebtedness of others.

Published on the Kalends of November, during the Consulate of

Mamertinus and Nevitta, 362.

24. The Same Emperor to Leontius, Consular of Palestine.

If a decurion is the father of twelve children, he shall be granted exemption from the duties of his office.

Given at Antioch, on the Kalends of March, during the Consulate of Julian, Consul for the fourth time, and Sallust, 363.

25. The Emperors Valentinian and Valens to the Byzantines.

Decurions cannot, by the order of a Governor, be compelled to go beyond the limits of their city, unless public necessity requires it.

Given at Aquileia, on the day before the Ides of September, during the Consulate of Jovian and Varronian, 364.

26. The Same Emperors to Modestus, Prsetorian Prefect.

Some decurions, induced by idleness, abandon their office in the city, seek solitude and secret places, and, under the pretence of religion, associate with hermits. Therefore, by the present law, We order that persons of this kind shall be arrested, torn from their hiding-places, and recalled for the purpose of performing their municipal functions; and, by the terms of this Our law, We decree that those who are obliged to discharge public duties cannot avoid them under the pretext of attending to their private affairs.

Published on the Kalends of January, during the Consulate of Valentinian and Valens, 365.

27. The Same Emperors to the Sitisensian Moors.

Anyone required to perform the duties of the decurionate cannot claim exemption on account of a privilege bestowed upon his father as a reward for service in the army. If he is descended from a grandfather who was a soldier, and a father who was a decurion, he will succeed to the duties of his father.

Given on the eighth of the Kalends of March, during the Consulate of Valentinian and Valens, 365.

28. The Same Emperors to Volusianus, Prefect of the City.

No one, no matter what privileges he may enjoy, is exempt from

public duties.

Given at Milan, on the fourth of the Kalends of July, during the

Consulate of Valentinian and Valens, 368.

29. The Same Emperors.

Children born in wedlock to those who are attached to Our household, and whose father is a decurion, do not follow the condition of their father, but that of their mother.

30. The Same Emperors.

There is no doubt that the Attorneys of the State can make use of public actions.

31. The Emperors Valentinian, Valens, and Gratian to Modestus, Prsetorian Prefect.

Persons, no matter what their lineage may be, who are descended from decurions, are obliged to perform the duties of public office. Moreover, those who conceal them, and continue to do so, thereby subordinating the public welfare to their own interest, shall be condemned to infamy, and their property shall be confiscated.

Given on the third of the Ides of July, during the Consulate of Gratian, Consul for the second time, and Probus, 371.

32. The Emperors Gratian, Valentinian, and Theodosius to Neo* therius, Prsetorian Prefect.

Artisans who have renounced their position as decurions, and the official duties required of them, shall be restored to their order. Other persons implicated shall be severely punished.

Given at Thessalonica, on the sixteenth of the Kalends of April, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

33. The Same Emperors to Eutropius, Prsetorian Prefect.

All judges and Governors of provinces must refrain from the rash usurpation of authority, and remember that they cannot subject persons of eminent rank, or decurions, to corporeal punishment for any negligence or error of which they may be guilty. Therefore, if a judge, in an outburst of anger, should dare to subject to torture any man of illustrious rank, or a decurion, or a senator of his curia (if it is necessary to say so), he shall be fined twenty pounds of gold, and be branded with perpetual infamy, which he cannot evade by means of a special Imperial Rescript; and his subordinates shall be compelled to pay a fine of fifty pounds of gold to the Treasury, for the reason that they did not resist the illegal act of the judge, which We have given them full power to do.

Given at Heraclia, on the twelfth of the Kalends of August, during the Consulate of Eucherius and Syagrius, 381.

34. The Same Emperors to Florus, Prsetorian Prefect.

When anyone thinks that the management of his affairs should be entrusted to a decurion, he shall be severely punished, after having been deprived of his rank. The official, however, who, unmindful of his freedom and his position, degraded himself by accepting such a servile employment, shall be sent into exile.1

1 At Rome, not only manual labor, but also the care and supervision of estates, and the business of accountants, were principally in the hands of slaves, who were often men of excellent education and great financial ability. Notwithstanding their talents and acquirements, the occupations exercised by them were generally considered debasing, and unworthy of the dignity of a freeman.—ED.

35. The Same Emperors to Posthumianus, Prsetorian Prefect.

Your Highness must see that the decrees formerly promulgated are obeyed by the sons of decurions, and that those who, under the pretext of being advocates, refuse to obey the rules of their order, are compelled to discharge all their duties; for although necessity may not demand that this be done, still the country does not release them from

their performance.

Moreover, Your Highness must provide that the sons of teachers, who are descended from the families of decurions, are, in like manner, forced to discharge the municipal employments to which they are

liable.

Given at Constantinople, on the eighth of the Ides of April, during the Consulate of Merobaudus, Consul for the second time, and Satur-ninus, 383.

36. The Same Emperors to Basilius, Count of the Sacred Largesses.

Every decurion, as in the case of the Senatorial Order, shall follow the condition of his father, nor shall any rescript, obtained for special purposes, be valid in cases of this kind, where someone, relying upon the origin of his mother, has passed from a superior to an inferior curia, nor will any exception to this rule be permitted, no matter what the provincial custom may be.

Given at Rome, on the sixteenth of the Kalends of July, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.

37. The Same Emperors to Posthumianus, Prsetorian Prefect.

Whenever persons who have obtained Imperial Rescripts avail themselves of the same to be released from duties to which their origin, or any decision rendered between the parties has made them liable, they will hereafter be able to entertain no hope of evading the responsibility of their office, under the pretext of an Imperial Rescript.

Given at Constantinople, on the fourteenth of the Kalends of August, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.

38. The Same Emperors to Cynegius, Prsetorian Prefect.

Let no person be assigned to a curia by way of penalty, unless he should be a fugitive, and have enlisted in the army in order to avoid performing the duties of the station in which he was born. You will therefore notify all magistrates under your jurisdiction that they are forbidden to permit any violator of the law to be assigned to a curia as a penalty, as one who has been guilty of crime should not be honored, but subjected to punishment.

Given at Constantinople, on the eighth of the Ides of November, during the Consulate of Richomer and Clearchus, 384.

39. The Same Emperors to Eusignius, Prsetorian Prefect.

Decurions who think that they can be rendered immune by the privilege of being attached to Our household shall be returned to their

curia, and compelled to perform the duties imposed upon them, as well as to make good any losses which have been sustained by the public through the attempted evasion of their obligations.

Given on the eighth of the Kalends of January, during the Consulate of Our Prince Honorius, and Evodius, 386.

40. The Emperors Valentinian, Theodosius, and Arcadius to Cyne-gius, Prsetorian Prefect.

Anyone of exalted rank, or any decurion who has been convicted of having misappropriated the public funds, or to have fraudulently made unlawful assessments, or to have collected more than was due, shall, in accordance with the custom of former times, be whipped with a scourge loaded with lead, by your order, if he obtained his place from you, or by that of the ordinary judges responsible for his appointment.

Given at Constantinople, on the Kalends of April, under the Consulate of Valentinian, Consul for the third time, and Eutropius, 387.

41. The Same Emperors to Cynegius, Prsetorian Prefect.

A decurion shall not, either by the solicitation of votes, or by intrigue, change the condition in which he was born, and if he is entitled to relinquish it on account of old age, he cannot do so before the appointment of his successor, which usually takes place immediately.

Given at Constantinople, on the day before the Nones of July, during the Consulate of Valentinian, Consul for the third time, and Eutropius, 387.

42. The Emperors Theodosius, Arcadius, and Honorius to Abun-dantius, Count, and General of Both Branches of the Service.

There is nothing in common between military men and decurions, and they are hereby notified that they can do nothing which will not subject them to superior authority. And no commander or Count shall permit any decurion or person of high rank to suffer any injury, or be struck, or seriously beaten.

If anyone should hereafter, by a rash and inconsiderate act, inflict an illegal injury upon a chief of the decurions, he is notified that he will be fined ten pounds of gold.

Given at Constantinople, on the day before the Kalends of August, during the Consulate of Arcadius and Rufinus, 392.

43. The Same Emperors to Rufinus, Praetorian Prefect.

You must show no hesitation in causing all persons who are obliged by their descent to exercise the functions of a decurion to be returned to their duties, when they claim exemption by reason of various privileges and pretexts based upon official documents, for We do not permit even rescripts or memoranda to be of any avail in evading the duties of public office.

Given at Constantinople, on the day before the Ides of April, during the Consulate of Theodosius, Consul for the third time, and Abun-dantius, 393.

44. The Same Emperors to Rufinus, Prsetorian Prefect.

No one shall be attached to a decurionate by reason of his claim that his mother was connected with the family of such an official, because the weakness of woman never renders persons liable to the performance of duties of this kind, from which she herself is exempt.

Given at Constantinople, on the fifth of the Ides of August, during the Consulate of Theodosius, Consul for the third time, and Abundan-tius, 393.

45. The Emperors Arcadius and Honorius to Theodore, Prsetorian Prefect.

Let persons be chosen decurions who are best qualified by wealth and merit to discharge the municipal duties of their city, and let none be appointed who are incapable of performing their public functions.

Given on the thirteenth of the Kalends of February, during the Consulate of Olybrius and Probinus, 395.

46. The Same Emperors to Ennoius, Proconsul of Africa.

Appointments should not be postponed when all those who are inscribed upon the registers of the curia are unable to be present, for the absence of a few members, whether it be unavoidable or accidental, does not invalidate an act formally agreed to by a two-thirds majority, as two-thirds of the order is considered to represent the voice of the entire curia of the city.

Given at Milan, on the seventeenth of the Kalends of June, during the Consulate of Olybrius and Probinus, 395.

47. The Same Emperors.

Decurions who have obtained the rank of count should exercise carefully supervision over those subject to their authority, and not' think that by the acquisition of their new dignity they are entitled to regard the orders of judges with contempt. If they continue to be guilty of the same fault, they should be subjected to a fine of five pounds of gold, and be deprived of the position of which they are unworthy.

Given at Constantinople, on the fourth of the Kalends of January, during .the Consulate of Olybrius and Probinus, 395.

48. The Same Emperors.

With regard to the succession of decurions, We decree that even if their fathers are dead, the right of agnation shall prevail.

49. The Same Emperors to Theodore, Prsetorian Prefect.

All those who are legally attached to any curia whatsoever shall be liable to perform the duties of the same, no matter what their religious belief may be.

Given at Milan, on the Ides of September, during the Consulate of Honorius, Consul for the fourth time, and Eutychianus, 398.

50. The Same Emperors to Eutychianus, Praetorian Prefect.

All decurions, without exemption, shall remain forever attached to their original and proper curia; and all those who, either by fraud or intrigue, have obtained the government and administration of provinces, are hereby notified that they shall not only be recalled to their curia, but shall also be compelled to perform all the duties of their offices from the very beginning.

Given at Constantinople, on the eighth of the Kalends of November, during the Consulate of Honorius, Consul for the fourth time, and Eutychianus, 398.

51. The Same Emperors and Theodosius to Messala, Prsetorian Prefect.

Although it has been provided by a suitable amendment that decurions who have abandoned their duties under a pretext of enlisting in the army shall be returned to their offices, still, for the reason that they committed this act with fraudulent intent, so that, having passed the boundaries of their provinces, and access to them being no longer available, they might obtain dismissal in foreign countries, in order that they may no longer entertain the hope of concealment to the disadvantage of the decurionate, and secure the benefit of immunity, it is hereby decided that if any of them should attempt to withdraw from the decurionate, or abandon it, their property shall be used to indemnify the curia which they have deserted, if, for the purpose of escaping prosecution, or evading their civil obligations, they should join the army, which is forbidden, or be guilty of any fraud whatsoever.

Therefore, if after having been summoned by proclamation (being such persons as clearly belong to the curia), they prefer to remain concealed, rather than to return within the period of a year, they are hereby notified that, after the year has elapsed, their property shall be seized by the authority of the Governor of the province for the benefit of the curia which they have deserted. No complaints which they may make concerning the shortness of the time shall be heard.

Given on the seventeenth of the Kalends of September, during the Consulate of Theodore, Consul for the fifth time, 399.

52. The Same Emperors to Probinus, Proconsul of Africa.

Can a magistrate be found who is so unjust as to compel a decurion, belonging to a city which abounds in them, to perform his official functions longer or more frequently than he should do, simply because some of them do not become familiar with the duties of their employment, and others are, in consequence, compelled to perform them constantly and repeatedly?

Given at Milan, on the sixteenth of the Kalends of April, during the Consulate of Csesarius and Atticus, 397.

53. The Same Emperors to Eucherius, Proconsul of Africa.

A duumvir cannot exert the authority of his office with immunity beyond the limits of the territory of his own city.

Given at Ravenna, on the sixth of the Ides of March, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, 412.

54. The Same Emperors to Palladius, Prsetorian Prefect.

We order by this general law, that if any official should desire to claim a decurion belonging to his curia, he shall be permitted to arrest him with his own hand, if he cannot obtain the aid of the Governor, but he is notified that the fugitive should be immediately brought before the Governor for examination (so that if any question should arise as to his having a good defense, it may be heard), and if the said official does not dispose of the case within three months from the time of its commencement, and restore the defendant, if convicted, to the performance of his duties, after having imposed the penalty; or decide that he is free from liability, he shall be compelled to pay a fine of ten pounds of gold, and his subordinate officers shall also be mulcted in an equal sum.

Given at Ravenna, on the fifth of the Nones of May, during the Consulate of Theodosius, Consul for the seventh time, and Palladius, 415.

55. The Emperors Theodosius and Valentinian to Isidore, Prsetorian Prefect.

If a decurion, or any other member of the curia, should be so bold as to enlist in the army, he shall not be permitted to avail himself of any prescription, but must be returned to his former condition; and neither he himself, nor any of his children born after an event of this kind has occurred, shall be permitted to renounce the duties which they owe to the State.

Given at Constantinople, on the third of the Nones of April, during the Consulate of Isidore and Senator, 436.

56. The Same Emperors to Isidore, Prsetorian Prefect.

The Chief decurions of Alexandria, although they perform the functions of advocates, are, nevertheless, not charged with any duties outside of the city, nor are they compelled to perform any public duty except in their own municipality. The decurion highest in rank who, after having filled all the subordinate offices, has obtained this position, shall, after having enjoyed, for the term of two years, the dignity to which he has attained, be raised to the rank of count, but he will still continue to be a decurion.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Isidore and Senator, 436.

57. The Same Emperors to Isidore, Prastorian Prefect.

We decree that the five Chief Decurions of the City of Alexandria shall be exempt from all corporeal punishment, and free to defend the advantages of their country with their voices. They can, however, if guilty of any criminal act, be subject to a pecuniary fine, which shall

be imposed by the distinguished augustal prefect in the presence of the curia.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Isidore and Senator, 436.

58. The Same Emperors to Isidore, Praetorian Prefect.

Anyone who has served as a public official for forty years, in the City of Alexandria, shall, in consideration of his merits, be exempt from corporeal, but not from pecuniary penalties, so that persons who are well and favorably known may be entitled to this privilege, and those who are unworthy may not indiscriminately enjoy it.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Isidore and Senator, 436.

59. The Same Emperors to Isidore, Prsetorian Prefect.

If the hypomnematographi should appoint persons to public office with their consent, We order that the confirmation of the illustrious augustal prefect, who is frequently corrupt, shall not be required, but that the consent of both parties will be sufficient in order that the appointee may begin to discharge the duties which he has not refused; still, the above-mentioned judge must be notified of the appointment which has been made without his sanction, and if he should delay to acquiesce in, or confirm the appointment, he is hereby notified that he will be liable to a fine of twenty pounds of gold.

Given at Constantinople, on the day before the Nones of August, during the Consulship of Isidore and Senator, 436.

60. The Same Emperors.

No one who became a member of a curia by birth can perform his official functions by means of a substitute, but he himself must discharge the duty which he owes to his city, even though he may be a man of high rank, unless this has been granted him as a special privilege. Those who have attained to the rank of illustrious are not prohibited from discharging their duties through substitutes, but they do so at the risk of their property.

61. The Emperor Leo.

We decree that neither the illustrious Dorotheus, the title to whose property must not be called in question, nor Irenseus, the eminent tribune and notary, shall be subject to annoyance on account of their having inherited the condition of decurion, although their parents had not attained to the rank of illustrious before they were born. Their children, also, whether they are now in existence, or may subsequently come into the world, as well as their descendants to the end of time, shall be exempt from the civil obligations imposed by the condition of decurion; and the law of the Emperor Julian, of Divine Memory, which was promulgated with reference to the maternal line and its relations to the decurionate of the City of Antioch, shall not, in any respect apply to the illustrious Dorotheus, or the eminent Ironeus, or to any of

their property, or to their children who are in existence at present, or may be born hereafter, nor will it have any effect so far as the property of the latter is concerned. We order, however, that this law shall continue to be applicable to all persons connected through the maternal line with the decurionate of the said City of Antioch.

62. The Same Emperor.

If a child born to the daughter of a decurion of the magnificent City of Antioch, and to a father who is not liable to the performance of civil duties in any other town, should, while being examined by a judge of the province, voluntarily acknowledge, or be proved to be the son of the daughter of a decurion, and his name should be recorded in the register of that order, he must not expect to have the power to deny or evade the duties imposed upon him by his condition; and let him not attempt to reject the position in the curia acquired through his maternal grandfather, or entertain any doubt that he is obliged to perform the functions of the decurionate.

If, however, any curia to which the present law refers should think that a child born of the daughter of a decurion ought to be excluded from membership, it can, under no circumstances, exclude his offspring, for We do not suffer a public charge to be imposed upon grandsons, great-grandsons, or the more remote descendants of a person who has been excluded from membership in the curia, and is the child of the daughter of a decurion.

63. The Same Emperor.

We decree that neither the persons nor the property of men of illustrious rank shall be molested on account of their status as members of a curia, and anyone who makes an attempt to do so shall pay the penalty prescribed for sacrilege.

(1) No one can doubt that all those born to a father who has held any high employment, or is still discharging the duties of the same, can, with his father, be subject to annoyance because of his connection with the decurionate, and both their persons and property shall be free from molestation on this account.

64. The Emperor Zeno.

We wish that none of those liable to perform the duties of the decurionate who, from the beginning of Our reign, have been, or may be appointed to the office of Count of Private Affairs, either of the Emperor, or of the Empress, or to that of Count of the Sacred Largesses, or Count of Domestic Affairs, or Qusestor, or Master of the Offices, shall, for this reason, be exempt from the obligations of the decurionate, but they shall be liable to them, together with their children, no matter when they may have been born; and a lien shall exist on their property to insure the performance of the functions of the decurionate, after they have relinquished the administration of their other employment, unless they have been exempted in this respect by the grant of well known legal privileges, for We desire all privileges

conceded by the Imperial Constitutions to be preserved intact and inviolate.

In order, however, that persons appointed to such offices may not appear to have only an empty name, they can discharge the duties of the decurionate by means of substitutes selected by themselves, at the risk of their own property, and will retain the privileges of their rank unimpaired. Moreover, We decree that those who have acquired any of the dignities aforesaid before the beginning of Our reign shall, along with their property, be released from the cpnnections and burdens of the decurionate, and this also applies to any children which may have been born to them after they attained the dignity aforesaid.

Again, with reference to those who, at any time, have become, or may hereafter become patricians, consuls, or men of consular rank, or generals of the army, or Praetorian Prefects of the East, or of Illyria; or who have obtained the government of any city while they were administering the offices aforesaid, or may hereafter adminster them, We decree that they shall, together with their property and all children born to them after being raised to the dignity aforesaid, be released from all the obligations and burdens of the decurionate.

65. The Emperor Anastasius.

We think that the Constitution of the Emperor Zeno, of Divine Memory, which was promulgated with reference to decurions, after their exemption from the obligations of their condition by the exercise of high employments, should only be corrected in that part which provides that those who, before the said constitution was published (and from the beginning of the reign of the Emperor Zeno, of Divine Memory) had been raised to the dignity of Count of Private Affairs of the Emperor, or Empress, or to that of Count of the Sacred Largesses, or to that of Count of Domestic Affairs, or to that of Quaestor, or Master of the Offices, although they may be engaged in the actual administration of one of the employments aforesaid, shall, by no means, be permitted to evade the duties imposed by the decurionate; but shall be bound, together with their children (no matter when the latter were born) and their property, to discharge the duties of the decurionate, after they have relinquished the administration of one of the offices aforesaid, unless they have been exempted by some well-known legal privilege. For We order that any privileges which may have previously been acquired by them through their administration of one of the high offices aforesaid shall be enjoyed by them intact and unimpaired, as well as by their children and their property, where they have administered the affairs of all the offices above mentioned, or of only one of the same, so that by the release of the duties and the civil functions attaching to their condition which was granted them by former Imperial Decrees, they themselves, as well as their children born after their fathers have relinquished the administration of a public employment of this kind, together with their own property, may enjoy the exemption; even if, in accordance with the terms of the Constitution of the Emperor Zeno, of Divine Memory, they should have dis-

charged, either personally or by means of substitutes, the duties imposed upon them by the decurionate.

The above-mentioned Constitution of the Emperor Zeno, of Divine Memory, shall remain in force from the day on which it was promulgated, as it is proper to enact laws for future generations, and not to give rise to vexatious proceedngs having reference to events which have already transpired.

66. The Emperor Justinian.

With a view to the interest of the members of decurionates, We decree that no one shall flatter himself that he can be released from the performance of his duties in any other way than that to be hereinafter specified, but he is notified that he can only obtain exemption from the duties attached to his condition, as decurion, in the manner which We prescribe, and that all other methods which are not included in the present law are, from this day, abolished. Therefore, if anyone should obtain the highest rank of the patriciate, or the insignia of the honorary consulate, or should be raised to that office in the ordinary course of affairs, so as to become either a consul or a man of consular rank, or should obtain the insignia of the Praetorian Prefecture, or the dignity of Urban Prefect, in the regular way, or should be invested with the command of the army, let him rejoice in the knowledge that he is freed from the condition of decurion, together with his property, and his children which have been born after he attained the dignity, or administered the office aforesaid, but any children born before that time shall remain in their former condition.

All persons raised to these dignities, as well as to that of Advocates of the Treasury, as well as those attached to the Prefectures of the Orient and Illyria, and to the Urban Prefectures, shall, whenever they are appointed Advocates of the Treasury, be released from the duties imposed by the decurionate, together with their property and their children, whether the latter were born before or after their father attained the rank aforesaid.

Those illustrious nobles who have been charged with the management of the affairs of the Empire were also released from their curial duties by the ancient law, and the illustrious men who discharge the functions of Imperial Secretaries, and draw up the Imperial Epistles and Memorials, and the records of decrees and decisions, shall be free from the obligations of the decurionate, together with their property, and any children whom they have had after having been promoted to the offices aforesaid. We retain this privilege for them intact and unimpaired, in consideration of the labors which they have performed in many ways for a long and extended period of time; hence, in accordance with what We have previously stated, all these persons, together with their property and their offspring, are released from the obligations of the decurionate.

We, however, do not permit children born previously to any future Advocate of the Treasury to be exempt from curial duties, in order to prevent others from demanding a privilege which is not accorded

to the offspring of the highest rank, as above mentioned; but any who have been born before their fathers obtained the office of Advocate of the Treasury shall remain in their former condition.

With reference to other methods than those which We have specifically enumerated, whether they were included in the ancient laws or not (as, for instance, the case of one who was descended from three males, who was formerly permitted to occupy a high position in the Senate), We by no means allow any of them to be available for the purpose of securing exemption from curial duties; no matter if a pragmatic sanction was issued on this subject, or a decision of the Prefecture was rendered, or any other means whatever was devised; they shall all be absolutely void, and considered as never having been of any force; and the decurions who make use of them shall be restored to their cities, and their property shall still remain liable, and no excuse offered by them shall, under any circumstances, be accepted.

TITLE XXXII.

WHERE A SLAVE OK A FREEDMAN ASPIRES TO THE OFFICE OF DECURION. .

1. The Emperors Diocletian and Maximian, and the Csesars.

Where a freedman has not obtained the privilege of wearing a gold ring, or has not been restored to his rights of birth, the Governor of the province shall not permit him to take part in the affairs of the curia, but shall inflict upon him a penalty in accordance with the severity of the law.

2. The Emperor Constantine.

If the Governor of the province should ascertain that the person who ,is discharging the duties of sedile is your slave, and finds that he aspired to that office without being ignorant of his status, he must inflict a suitable punishment upon him for having defiled the dignity of the decurionate with the stigma of slavery. If, however, he aspired to that office through mistake, for the reason that his mother was, by public report, considered to be free, and he himself was the son of a decurion, the Governor shall merely restore him to your possession.

TITLE XXXIII.

THE LANDS OF DECURIONS SHALL NOT BE ALIENATED UNLESS BY VIRTUE OF A DECREE.

1. The Emperors Valentinian, Theodosius, and Arcadius to Cyne-gius, Praetorian Prefect.

When a decurion, compelled by necessity, desires to sell any land in the country or in town, he should appear before a competent judge, and explain to him in detail all the causes which force him to take this step; and he shall only obtain authority to dispose of the property

where he can prove the necessity for the alienation of the same. The gale will be void if this formality is neglected. This course is adopted to prevent the vendor from wasting his property, and the purchaser, whatever his condition may be, from being subjected to injustice. Hence the vendor cannot make any complaint that he has either been deceived by fraud, or oppressed by the power of the purchaser, as it will appear from the records that the necessity for the sale existed, and that the purchaser consented to it.

If, however, anyone should, in violation of what has been prohibited, by means of secret machinations, or through the agency of persons fraudulently introduced, buy land anywhere from a decurion, he is hereby notified that he will be deprived of the price that he paid, and that the land which he purchased, together with its crops, will be returned.

Given at Constantinople, on the eighth of the Kalends of December, during the Consulate of Our Prince Honorius, and Evodius, 386.

2. The Emperors Theodosius and Valentinian to Florentius, Prse-torian Prefect.

No sale of hereditary property acquired by a curia, nor any release of a debtor to the estate who made the payment, shall be permitted, unless the reason for making the contract or for releasing the obligation shall have been examined and approved in writing by all, or a majority of the decurions.

We order that whatever may be obtained from such a transaction shall be expended for the purchase of land, the entire income of which (as has already been stated) shall be carefully preserved for the public necessities of the curia. The farmers of this revenue should be selected with the consent of all the decurions, and especially of the more wealthy ones, and be required to furnish proper security for the performance of their duties.

3. The Emperor Zeno.

We forbid decurions to sell any real property of any description, or any slaves attached thereto, without first applying for a decree. They are, however, permitted to make donations, or exchanges, or enter into any other contracts whatsoever, as the Imperial Constitutions, which have been promulgated by former Emperors, have stated in many places that the purchase-money is not to be refunded, and for this reason it is clearly to be understood that a contract of sale cannot be entered into by decurions without a decree. We further order that when a sale takes place, a decree must be secured by the vendors (as has already been stated) and those who buy from them will not incur any loss either personally, or on account of the transaction, or by reason of theatrical generosity (which is said to frequently occur). The decree issued in confirmation of the sale should not be committed to writing, but should be rendered by a competent judge in the presence of the decurions, or a majority of them, without any view to the return of the property or any injury to the contracting parties.

TITLE XXXIV.

WHEN AND To WHOM THE FOURTH PART OF THE PROPERTY

OP DECURIONS Is DUE, AND CONCERNING THE METHOD OF

DISTRIBUTING THE SAME.

1. The Emperors Theodosius and Valentinian.

We decree that when he who succeeds to a decurion as heir does not himself belong to the order, whether he is an heir to the whole estate or only to a portion of the same, or by virtue of being the possessor of the property, the fourth part of the estate can legally be demanded from the curia.

2. The Same Emperors to Apollonius, Prsetorian Prefect.

We remember that an Imperial law was recently promulgated, by whose provisions the fourth part of the estate of deceased decurions, whether they died testate or intestate, passes to anyone whomsoever (with the exception of sons who are decurions), and was referred to the body of the decurionate; but many persons seized this opportunity to destroy the property of the entire estate by claiming an interest in everything for themselves, so that they mutilated and defaced all of it, and in endeavoring to secure their own rights, manifested an inclination to injure others equally interested.

In order to take proper measures for the correction of this abuse, We do hereby forbid decurions to seize the property of a deceased person by their own authority. The heir, however, to whom the estate passed either as intestate, or by a last will, directly, or under the terms of a trust, shall cause the entire inheritance which was left to be divided into four parts, and lots shall be cast to determine whether the curia, the heir, or beneficiary of the trust shall have the right to select the fourth or the three-fourths of said estate respectively, so that in this way the heirs of the deceased and the curia will be freed from the inconvenience of a joint and undivided ownership of the same.

It is a common fault for property jointly held to be neglected, as it is considered that he has nothing who has not all, and hence each one suffers his share to be deteriorated on account of the grudge which he entertains against the others. Where, however, the fourth part of the estate of a deceased person must be transferred to the curia, We permit the immovable property which cannot easily be concealed, and whose production cannot injure anyone, to be appraised and divided in the presence of the decurions. We do not, however, permit movable property or that which is capable of moving itself, or implements, or anything else consisting merely of a right, to be publicly produced and divided; but We order that the statements of the heirs of the deceased (they having been first sworn) shall be believed, when they have made a careful estimate of the nature and value of the estate. For what is so harsh or inhuman as, by the exhibition and display of private property, to reveal the wretchedness of poverty, and expose wealth to envy ? In the collection of debts, if the heirs refuse to pay the price of the fourth part of the claim to which the decurionate is entitled, after hav-

ing publicly furnished proper security, each one shall be entitled to collect his share from the debtors.

Likewise, on the other hand, the heirs, as well as the curia, can be compelled to pay their proportionate shares of the indebtedness, if the deceased owed money to anyone. When the heirs, after having been frequently notified, refuse to take the oath, then a careful inventory of all the personal property shall be drawn up by the members of the curia, just as in the case of real estate, that is to say, all of the property belonging to the deceased having been produced in public, an appraisement and division of the same shall be made in the presence of the decurions. Moreover, We decree that in all cases where the curia is entitled to a fourth part of the estate, any transactions concluded by the parties in interest shall remain valid and incontrovertible.

(1) As in the case of sons, grandsons, and great-grandsons of decurions, to whom We have decreed that estates shall descend intact, We now order that the ownership of the same shall not be affected in the case of the daughter, granddaughter, great-granddaughter of a chief decurion of the same city from which her father, grandfather, or great-grandfather derived his origin, whether she is entitled to the estate as heir at law, or under the terms of a will. If, however, after the death of her father, she should marry, or become a widow, or be under or over the age of puberty, We desire that those who have passed that age or are widows shall wait for three years after their father's death, so that, during this period, the fourth of the estate due to the curia may remain in suspense; or if one of them should marry a decurion of the same city, within that time the entire estate shall vest in her permanently. But if, within the said time, she should marry a man not belonging to the curia, or should remain unmarried, the abovementioned portion of the entire estate, together with the profits of the urban and rustic property, shall be adjudged to the curia, after the. said term of three years has expired. Provided, however, that the rule with reference to the choice of the fourth, or three-fourths of the estate, and the oath, as well as the appraisement of the movable property and the bringing of actions and pleading of exceptions (as has been already stated with reference to strangers) is observed. Where the mother or grandmother of the deceased, at the time when the son or grandson died, married a decurion of the same city, We do not permit her to suffer the loss of the fourth part of the estate.

Again, We release a foreign heir who was not related to the deceased, but is attached to the city to which the latter belonged, from the loss of the fourth part of the estate above mentioned.

Given at Constantinople, on the seventh of the Ides of March, during the Consulate of Dioscorus and Eudoxius, 442.

3. The Emperor Justinian.

Where the member of a decurionate left but a small portion of his estate to several of his sons or daughters, who survived him, or bequeathed it to one son or several daughters (but still sufficient to exclude them from instituting proceedings on the ground that the will was inofficious), and left the remainder of his .estate to others, so that

by this distribution of the same a very small part of it was transmitted to his child or children attached to the curia, We, for the purpose of remedying this injustice, and that the rights of a decurion may remain unimpaired, whether any children, grandchildren, or great-grandchildren are attached to the curia, do hereby decree that a testator cannot transmit less than the fourth part of his estate to his male heirs, whether there is one son or several; and that, where there are any sisters there shall be no diminution, so far as they are concerned, so that the curia may not only have the benefit of their, services, but also of their property. In addition to this, We order that if any decurion should die, leaving several daughters, one of whom is married to a member of the curia, and received only a small portion of the estate, the remainder having been left to other daughters, or to strangers, the testator will not be considered to have complied with the terms of the law of the Emperor Theodosius, addressed to Apollonius; but on the other hand, the curia will be entitled to the fourth part of his estate, whether it is to be given to the daughter who married the decurion, or is to be collected from the other heirs.

There is no doubt that the daughter who married the decurion will be exempt from contributing any part of the fourth above mentioned, as the personal services of a husband, performed for the benefit of the curia, render this unnecessary.

This rule shall be observed not only where the testator, a decurion, left a will, but also when he dies intestate. If, however, an amount less than the fourth part of the estate of the father, or none at all, should be left, this must by all means be given or transferred to the son, who is a decurion, or to the daughter who married a decurion of the same city; and no objection should be raised by the curia if, in accordance with the law aforesaid, either the son, grandson, great-grandson, father, grandfather, or great-grandfather, left by the deceased decurion, should have been released from his obligations to the curia, on account of having been raised to any dignity, or for any other reason; as, in a case of this kind, We most certainly desire the Theodosian Law to be disregarded.

And, generally speaking, We decree that, in every instance, neither male nor female children belonging to the family of a decurion, who are married, shall receive less than the fourth part of the estate of their father. And, when there are no sons or daughters, or other heirs, the curia itself shall, in accordance with the terms of former laws, be entitled to the fourth part of the estate of the decurion, as a consolation for his loss.

TITLE XXXV.

CONCERNING THE CLAIM OF A CURIA TO PROPERTY WHICH HAS BEEN GRATUITOUSLY TRANSFERRED.

1. The Emperors Theodosius and Valentinian to Apollonius, Prse-torian Prefect.

We order that the penalty of four siliquse shall only be collected in the case of the gratuitous transfer of real property, and not for that

of slaves or animals, or any other chattels, and if the parties are not decurions We release them from liability, where ancestors make a transfer to their descendants, so that if a father, grandfather, or greatgrandfather, either by his last will, or by a donation inter vivos, should transfer any of his estate to his son, grandson, great-grandson, or his daughter, granddaughter, or great-granddaughter, and it makes no difference whether they are married to decurions or not), it shall not be subject to the imposition of the penalty aforesaid.

Likewise, on the other hand, where descendants convey property belonging to them to their ascendants, who are connected with them by ties of blood, liberality of this kind shall not be charged with any burden, for a natural debt is discharged under the designation of generosity, where a transaction like this takes place between persons nearly related to one another.

We also order that the authority of this law shall be enforced when, in case of intestacy, heirs in the degrees above designated succeed to an estate. In successions of this kind the transaction is rather the payment of a debt than the tender of a gift, as the transfer is made rather on account of relationship than from motives of generosity. Other persons, however, even though they may be united by ties of blood, shall never be entitled to enjoy property belonging to a decurion without payment of the above-mentioned imposition, unless he who obtained the property gratuitously is a member of the decurionate of the same city, and who, although he is classed as a stranger, is released from the payment of the tax on the property given to him; for as long as the condition of the person remains the same, that of the property should not be altered.

We desire that a transfer of property should only be called gratuitous, and be exempt from the burden aforesaid, when it comes into the hands of anyone by inheritance, as a legacy, a bequest subject to a trust, a donation causa mortis, or is acquired under the terms of a will by any person whomsoever. A donation inter vivos, which is gratuitously bestowed, deserves this name, and is subject to the penalty. Where, however, a future father-in-law makes a donation in consideration of his prospective relationship by marriage to the betrothed of his son, grandson, or great-grandson; or her father should endow his daughter, granddaughter, or great-granddaughter, whether she was about to marry a decurion or a stranger, even though it may have been agreed that, in case of death or divorce, the property which was given as dowry should belong to the person who received it, it shall not be classed as gratuitous, or be subject to the penalty; for it is not sanctioned by law that marriage, which is surrounded with so many and such great difficulties, should be loaded down with additional burdens. Moreover, the property which, in the cases above mentioned, has once obtained the name of being gratuitously bestowed, even though it may have been transferred by him or her who received it to someone else either under the terms of a sale, or of any other kind of contract, is undoubtedly conveyed subject to the above-mentioned penalty; so that the person who knowingly received it encumbered in this manner will

have only himself to blame; or, if he accepted it ignorantly, he will be entitled to recover any damages which he may have sustained.

On the other hand, if an agreement of any kind was not, in the beginning, to be classed as a gratuitous transaction, and the title to the property should afterwards vest in anyone under a lucrative title, it will not be subject to the above-mentioned imposition; for in such cases there is no occasion for merger, even though the latter title may be based on the former one, unless what came into his hands in the course of trade belonged to a decurion, and was transferred to another either under the terms of a last will through an intestate succession, or by virtue of a donation inter vivos; for then, because it once belonged to a decurion, it will acquire the condition and be subject to the penalty of property gratuitously conveyed, without reference to any prior title.

Given at Constantinople, on the seventh of the Ides of March, during the fifth Consulate of Dioscorus and Eudoxius, 422.

TITLE XXXVI.

CONCERNING THE PAYMENT OF SALARIES.

1. The Emperor Constantine to Marcellimis, Governor.

A salary shall not be paid to anyone out of funds belonging to the State, unless he has been especially authorized by Us to receive it.

Given at Constantinople, on the fifth of the Nones of October, during the Consulate of Liminius and Catullinus, 349.

TITLE XXXVII.

WHERE A DECURION, HAVING LEFT THE CITY, PREFERS TO RESIDE IN THE COUNTRY.

1. The Emperors Arcadius and Honorius to Eutychiamis, Prx-torian Prefect.

We order that all decurions shall hereby be warned not to leave or abandon their cities for the purpose of residing in the country, and they are notified that the land which they preferred to the city shall be confiscated to the Treasury, and that they will lose the property on account of which they have manifested such a neglect of duty by evading their civil obligations.

Given at Constantinople, on the eighteenth of the Kalends of January, during the Consulate of Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 396.

TITLE XXXVIII.

CONCERNING THE CITIZENS OF TOWNS AND NATIVES. 1. The Emperor Alexander.

As you allege that you are a native of Byblius, and a citizen of Berytus, it is but reasonable that you should be compelled to perform your municipal duties in both cities.

2. The Emperor Gordian to Frontonus.

If (as you state) she who manumitted you under the terms of a trust, and from whom you obtained your lawful freedom, derived her origin from the province of Aquitania, you also are of the same status, and a citizen of the same city as she who manumitted you, for it was long since decided that persons who have been manumitted under a trust follow the condition of those who actually gave them their liberty, and not that of those who requested that it be granted.

3. The Emperor Philip.

It is a well-established rule of law that sons can be compelled to accept offices and discharge civil duties, not in the city where their mother derived her origin (provided they have not retained their domicile there), even though they themselves may have been born there, but in the city of their father's birth.

4. The Emperors Diocletian and Maximian.

It is clear that no one can, merely by his own will, renounce his origin.

5. The Emperor Constantine to Maximm, Vicegerent of the East.

Where anyone who is a native of a large or small town desires to leave it, and become the resident of another, and attempts to offer a petition to Us praying for permission to do so, or is guilty of any other fraud in order to avoid the duties he owes to his own city, he shall be subject-to the burdens of the decurionate in both the cities aforesaid; in one, on account of his choice, and in the other, on account of his

origin.

Published on the eighth of the Kalends of January, during the Consulate of Paulinus and Julian, 325.

TITLE XXXIX.

CONCERNING RESIDENTS, AND WHERE ANYONE Is CONSIDERED TO HAVE His DOMICILE, AND CONCERNING THOSE WHO RESIDE IN OTHER CITIES FOR THE PURPOSE OF PURSUING THEIR STUDIES.

1. The Emperor Antoninus.

No objection can be urged against you if, being the resident of a city, you have undertaken some public charge, provided that you have transferred your domicile before being called to accept another office.

2. The Emperor Alexander.

Those who reside anywhere for the purpose of pursuing their studies are not considered to have established their domicile in that place, unless they remain there longer than ten years. According to an Epistle of the Divine Hadrian, a father who frequently visits his

son, while the latter is pursuing his studies, cannot be considered to have established his residence in the town where the latter is sojourning. If, however, he can be proved in other ways to have his domicile in the magnificent City of Laodicea, the falsehood by which he attempts to avoid the discharge of his municipal duties will be of no advantage to him.

3. The Emperors Diocletian and Maximian.

It is true that those who do not live in any city,- but in the territory subject to the jurisdiction of the same, will not, as residents, be required to perform civil duties, or accept municipal offices.

4. The Same Emperors and Cassars.

As you state that you are either natives or inhabitants of the city in question, the authority of public law does not compel you to perform municipal functions, merely because you own a house or land therein, even though the said property may have been acquired from the estate of a decurion.

5. The Same Emperors and Caesars.

If you have fixed your domicile in the country of your wife, or in any other place whatsoever, you will, as a resident thereof, be legally obliged voluntarily to discharge the municipal duties attaching to the same.

6. The Same Emperors and Cassars to MarceUinus.

It is perfectly certain that where a special privilege with reference to a city does not exist, anyone can be compelled to perform municipal duties either by reason of his birth, or through his voluntary establishment of a domicile.

7. The Same Emperors and Cassars.

Birth, manumission, a call to public office, or adoption renders a man a citizen, but his domicile makes him a resident, as the Divine Hadrian clearly stated in his Edict. There is no doubt that individuals have their domicile where they have placed their household goods and the greater part of their property and fortunes, and no one shall depart from thence unless something requires him to do so, and whenever he does leave the place, he is considered to be on a journey, and when he returns, to have completed it.

8. The Emperor Constantine.

Senators are considered to have their domicile in the Imperial City where they enjoy the honors attaching to their position.

9. The Emperors Valentinian and Valens.

We raise women to the dignity of their husbands, render them noble by birth, and establish jurisdiction over them, in accordance with their personal rank. If they should subsequently marry men of inferior

station, having lost the rank of their first husbands, they will follow the condition of the second, and also change their domiciles.

Given at Constantinople, on the fourth of the Kalends of February, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

TITLE XL.

CONCERNING THE NON-TRANSMISSION OP MUNICIPAL

DUTIES AND HONORS FROM FATHER TO SON, AND THE

INTERVALS WHICH EXIST.

1. The Emperors Severus and Antoninus.

Just as municipal honors and offices cannot be continued in the same household, when both father and son are decurions, so the times when these are vacant can be of no benefit to others than those who are called to the same or other offices, or who are bound to discharge the same or other duties. Moreover, with reference to your son, who is an infant, and whom you desire to be a decurion, although you may have pledged your faith for him hereafter, still, you yourself cannot be compelled to perform the duties which would be exacted of him, as you appear to have given your consent only to what he can be ordered to do.

2. The Emperor Gordian.

An interval of five years after the relinquishment of the duties of an office must elapse before the same can again be resumed, and where different offices are involved, the term of three years is required. To those who have been employed on an embassy, the term of two years is granted.

3. The Same Emperor.

It has frequently been decided that the intervals of time which apply to one person do not, by any means, apply to brothers, even though they may hold property in common. Still, if the Governor of the province should find that you have discharged your civil duties with fidelity, those shall be appointed who have not yet performed their own, and are competent to do so, in order that you may not again be called upon to discharge them.

TITLE XLI. CONCERNING CHARGES UPON ESTATES.

1. The Emperor Antoninus.

Civil functions must be performed in regular order, in proportion to the means of the parties concerned.

2. The Same Emperor.

Civil duties which are imposed upon estates for the public welfare must be discharged by all persons.

3. The Emperor Alexander.

Those who have obtained exemption from public office must still discharge the duties imposed upon estates, among which is that of entertaining guests.

4. The Emperors Valerian and Gallienus.

It does not seem to be contrary to the spirit of the decision by which the Governor of the province decreed that the horses belonging to the decurionate must be supported, to hold that this is not a personal, but a patrimonial obligation; still, if it should be unjust, and you fail to appeal, the obligation will remain unaltered.

5. The Emperors Cams, Carvnus, and Numerianus. No one can plead his age, or the number of his children, by way of excuse from charges imposed upon his patrimony.

6. The Emperors Diocletian and Maximian.

A discrepancy exists between your admission and your claim, for you say that you are a philosopher, and you have been conquered by avarice and rapacity, and you alone venture to refuse the performance of the duties imposed upon your patrimony. You can learn from the example of others that your attempt will be fruitless.

1. The Same Emperors and Csesars.

Even minors are ordinarily subject to patrimonial charges. Therefore, you will understand that it is in vain that you desire complete immunity, as it is necessary for you to perform those duties which involve the expenditure of money.

8. The Emperor Constantine.

The functions of the protostasiat, the priesthood, and the decapro-tiat are not corporeal ones, and there is no doubt that they are solely patrimonial.

9. The Emperor Valentinian and Valens.

Women, also, are liable to charges imposed upon estates.

10. The Same Emperors and Gratian.

We have notified the Governors of provinces to inform all possessors of property, and the other persons designated, of the amount of the extraordinary assessment which they will be expected to pay. These have been included among patrimonial charges, in order that they may be known to everyone, and the public necessities be the more readily provided for.

TITLE XLII. IN WHAT WAY CIVIL OBLIGATIONS ARE DIVIDED.

1. The Emperor Alexander.

If, as you state, you have appealed from the decree by which you were appointed Superintendent of Couriers, and the Governor of the

province should ascertain that you are a member of another curia, he will not permit you to be forced to perform the duties attaching to it, for the reason that you should only be liable to perform those of the one to which you say you belong.

2. The Emperors Diocletian and Maximian.

It is reasonable that persons who have been promoted to a higher office should not be compelled to perform the duties of a lower one.

3. The Same Emperors.

As you assert that you have performed all the duties required of you, the Governor of the province will see that you are not compelled to perform the same ones a second time, if there is a sufficient number of citizens qualified to do so.

4. The Same Emperors and Csesars.

The Governor of the province will not suffer you to be unreasonably oppressed by the performance of civil duties from which others have been released; but, being mindful of the law, as well as apprehensive of censure, he will see that equality is preserved, and appointments made in their regular order.

TITLE XLIII.

CONCERNING THOSE WHO VOLUNTARILY ASSUME THE DISCHARGE OP PUBLIC DUTIES.

1. The Emperor Antoninm.

Veterans who, while they are able to avoid the discharge of civil duties through the immunity granted them, prefer to be made de-curions in their native country, cannot avail themselves of the excuse which they have once relinquished, unless they have given their consent conditionally under an agreement that they shall be entitled to exemption, or if they have only consented to discharge a part of the duties of the employment.

2. The Emperor Alexander.

Where anyone who is exempt from the requirements of public office has voluntarily accepted any position, except the decurionate, he shall not lose the privilege to which he is entitled, although he may not for a short time have availed himself of it, for the reason that he wished to be useful to his country, or was induced by the hope of distinction.

3. The Emperor Leo.

He who, while not a member of the decurionate, has voluntarily exercised the functions of a municipal office or employment in any city whatsoever, shall not, in any way, be prejudiced with reference to his fortune or his status, but he himself, as well as his children and their descendants, shall, together with their property, remain free from every obligation of this kind, so that if the performance of any duty should be enjoined upon them, with their consent, for which reason it

was necessary for them to receive anything, and they refund the money which is proved to have been paid, they can depart without any anxiety or fear with reference to their status.

Moreover, when anyone of such persons voluntarily discharges all the duties or functions of a decurion, or accepts the honors of the office without being required to do so, We decree by this law that, on account of his generosity, he shall be appointed a father of the city of which he voluntarily became a citizen, if he should wish this to be done.

Given on the fifth of the Ides of November, during the Consulate of Basilicus and Armericus, 465.

4. The Emperor Justinian.

When persons who are free from the obligations of the decurionate afterwards join that order in any city, We desire that their children— not only those which have already been born, but any which may be born after their voluntary union with the decurionate—shall remain free from its obligations, whether their fathers joined the decurionate under the express condition that their descendants should remain exempt from its duties, or whether they made no mention whatever of this; and let no one venture to assert that they follow the condition of their father for the reason that they were born or conceived after his enrollment in the decurionate.

We hasten to establish this special privilege, in order that all persons may be the more ready to contribute their aid to bodies of this kind. In order that none of the heirs of such a decurion may suffer any uneasiness, We also decree that his property shall be exempt from all charges of the decurionate; and if any property of the deceased derived from the administration of the functions of the office, or from the fourth part of his estate, should be proved to be due to the same curia for any other reason, his heirs shall entertain no doubt that it must be transferred to that body.

Again, natural children whom their father gave, or might subsequently give to the curia under the condition that he would have them as his lawful heirs, not only under his will, but also in case of intestacy, are exempted from the operation of the present law; and they shall not only be excepted in accordance with the ancient enactments, but also under the present one, by Our express order; so that the natural children themselves, together with all males begotten by them, shall follow the condition of their father; or, in case there should be no surviving male children, the fourth part of the estate of the deceased shall pass to the decurionate.

TITLE XLIV.

CONCERNING THOSE WHO HAVE OBTAINED TEMPORARY EXEMPTION FROM THE DUTIES OF A DECURIONATE.

1. The Emperors Theodosius and Valentinian.

No one shall be entitled to temporary exemption from the duties of a decurionate unless, for good and sufficient reasons, a permit to that effect has been granted by Us.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Theodosius, Consul for the third time, and Abun-dantius, 390.

TITLE XLV.

CONCERNING EXEMPTION FROM OFFICIAL DUTIES. 1. The Emperor Gordian.

It has very recently been decided that exemption from public duties only applies to those which have not been imposed by any law, Decree of the Senate, or Imperial Constitution. In accordance with this legal rule, if you should be summoned by the magistrates to the performance of extraordinary duties, and appeal to the Governor, you can be protected by law.

TITLE XLVI.

CONCERNING THE DECREES OF DECURIONS HAVING

REFERENCE TO IMMUNITY GRANTED TO CERTAIN

OF THEIR COLLEAGUES.

1. The Emperors Diocletian and Maximian.

Immunity from public service cannot be granted by decurions to any of their colleagues, with the exception of such as are instructors in liberal studies, or are practicing the healing art.

2. The Same Emperors and C&sars.

Unwarranted decrees issued by the Order of Decurions are reprobated by the Imperial Constitutions.

TITLE XLVII.

CONCERNING EXCUSES FROM THE DISCHARGE OF PUBLIC

DUTIES.

1. The Emperors Diocletian and Maximian, and the Csesars.

^ Those who are employed as Our attorneys are required to perform civil functions which are suitable to their dignity.

_ 2. Extracts from the Acts of the Emperors Diocletian and Maximian, and the Csesars.

._ The Emperor Diocletian spoke, as follows, to Firminus, Apollina-rius, and the other Chief Decurions of the City of Antioch, who were present: "Exemption from civil and personal functions has been granted to certain officials, that is to say, protectors and commanders, and therefore persons of this kind shall not be called to discharge either personal or civil duties."

3. The Same Emperors and Csesars.

Responsibility for guardianship does not excuse anyone from the discharge of civil duties, nor will three guardianships of different households, imposed at the same time, confer a benefit of this kind.

4. The Same Emperors and Caesars.

Performers on hydraulic organs cannot prove that exemption from civil duties is granted them by law.

5. The Same Emperors and Csesars.

The agents of persons absent on business for the State are not exempt from the performance of civil duties.

6. The Same Emperors and Ciesars to Gaius.

Immunity on account of their profession alone cannot be established to have been granted to hunters by any law.

7. The Emperor Constantine.

In accordance with an ancient constitution, it appears that merchants, tailors, linen-weavers, dyers of purple, and parthiarii, who furnish Us with clothing, are exempt from all civil duties.

8. The Same Emperor to Taurus, Prsetorian Prefect.

It is decreed that no judge shall, hereafter, under any circumstances, place a charge on the inhabitants of any province, but magistrates must sedulously exercise supervision over all those which have been established under the-name of tax, or have been imposed by Us directly or indirectly, or by virtue of Epistles. When, however, any urgent necessity for this exists, We decree that the question shall be referred to Your Highness and that you will become responsible; and while the levy may be made provisionally, it should be brought to Our knowledge, in order that it may be confirmed by Our order.

If anyone should, by a rash usurpation of power, attempt to violate this law, he shall be liable to quadruple restitution. This severity ought to strike terror into ordinary judges and their subordinates, and if any of them should either with connivance, induced by favor, or through base dissimulation, encourage the audacity of a decurion, they shall be punished with the penalty of simple damages.

Given at Constantinople, on the fourteenth of the Kalends of April, during the Consulate of Valentinian and Valens, 354.

9. The Emperors Valentinian and Valens.

Precautions must be taken to prevent anyone from thinking that this, which is a personal function, can be discharged by the payment of money.

10. The Emperors Gratian, Valentinian, and Theodosius to Hypa-tius, Prietorian Prefect.

The privileges attaching to Our private property remaining in full force, all lands which are rented by perpetual lease shall not be sub-

jected to any extraordinary contributions, nor shall the original rental be increased, and lessees of this kind are exempt from any general impositions authorized by Us, and must not be classed with others who, besides their ordinary burdens, pay Us a certain fixed rent based upon the value of the land which they occupy.

Published at Carthage, during the Ides of April, after the Consulate of Syagrius and Eucherius, 382.

11. The Same Emperors to Syagrius, Prsetorian Prefect.

We order that those who, having been invested with the dignity of Count, have, either by means of letters or petitions, been proposed to Us as eligible to the appointment of masters, as well as those who have performed their duties to Us by drafting and signing opinions, shall be exempt from all civil duties. Therefore, persons who have been attached to Our palace, and are of this rank, shall receive the privileges to which they are entitled, and those also, who have attained to higher dignities, shall rejoice in the enjoyment of the same privileges.

Read at Capua, on the third of the Kalends of September, during

the Consulate of Antoninus and Syagrius, 382.

12. The Same Emperors to Hypatius, Prsetorian Prefect.

The greatest dignitaries of the State, the Counts of the Consistory, Our notaries, Our valets de chambre, and the guards of Our bedchamber, shall all be exempt from ignoble services. Others who enjoy palatine or military privileges within the precincts of the palace shall, likewise, have the same advantage, if they can show that they are entitled to an exemption of this kind by former laws, not as having been granted to them individually, but to have been conferred upon the whole order or body of which they are members. The same privilege conceded by ancient custom shall continue to be enjoyed by rhetoricians and grammarians of both languages.

Exemption from ignoble services signifies that persons of superior rank shall not be required to grind fine flour, bake bread, or perform any of the duties of a baker, as well as the labors imposed upon menials having charge of vehicles or post-horses, with the exception of those which, in accordance with custom, are performed on the frontier of Rhetia, or which the necessities of the expedition to Illyria may require.

No services shall be demanded of persons of this kind for the aid of certain classes of laborers, for instance, in the burning of lime. Nor shall the estates of those who are exempt be compelled to supply building material of timber or planks. The furnishing of charcoal, also, except where, in accordance with ancient custom, it is required for the coining of money, or the manufacture of arms, shall not be exacted of persons of this description. Nor shall they be obliged to provide anything for the construction or repair of public or sacred buildings.

Property protected by such privileges, which belongs to ambassadors and members of colleges, is not liable to these impositions.

This advantage, however, can only be enjoyed by estates which are considered to possess the dignity in their own name. By a grant of general privilege We also exempt from the rendition of ignoble services those who have already been invested with similar honors.

Given on the fifth of the Ides of December, during the Consulate of Antonius and Syagrius, 382.

13. The Emperors Valentinian, Theodosius, and Arcadius to Neo-therius, Prsetorian Prefect.

The exemption from ignoble labors granted to persons cannot pass to their heirs or successors, for it is not perpetual, and We have conceded it not to things but to persons, in consideration of their rank or military service.

Given at Milan, on the eighteenth of the Kalends of May, during the Consulate of Arcadius and Bauto, 385.

14. The Same Emperors to Tatian, Prsetorian Prefect of the East.

We decree that the law by which certain dignitaries have been expressly exempted from extraordinary and ignoble services, shall, without doubt, apply to those who have been honored by Us, so that they may enjoy the same privilege, not merely while they are in office but as long as they live.

Given at Milan, on the eleventh of the Kalends of April, during the Consulate of Tatian and Symmachus, 391.

15. The Emperors Arcadius and Honorius to Messianus, Count of Private Affairs.

We decree clearly and absolutely that there shall not be imposed upon any land forming part of Our private domain, which is held under a lease, or by emphyteusis, any ignoble charge or imposition, under the name of a tax, except the ordinary ones, for this has been ordered by the Emperors, our predecessors, and confirmed by Us. Therefore, any judge who violates this law is hereby notified that he will be compelled to pay a fine of five pounds of gold out of his own property, and that his subordinates and the decurions who have executed his illegal commands will be fined an equal sum.

Given at Milan, on the seventeenth of the Kalends of July, during the Consulate of Olybrius and Probinus, 395.

16. The Same Emperors and Theodosius to Melitius, Prsetorian Prefect.

We hereby release all illustrious persons from ignoble services, and the losses resulting from extraordinary impositions.

Given at Ravenna, on the fifteenth of the Kalends of March, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, Consul for- the fifth time, 412.

TITLE XLVIII.

CONCERNING CHARGES AND SERVICES FROM WHICH No ONE CAN BE EXCUSED.

1. The Emperor Aurelian.

All persons, without exception, are required to sell to the Government any commodities which they may have, in order to provide for the maintenance and transport of the armies in Illyria; since, with reference to this matter, We decree that no one shall be entitled to avail himself of any privilege whatsoever, but, when circumstances demand it, all will be compelled to contribute, not only those who are wealthy, but everyone from the highest to the lowest, in proportion to his possessions, shall be subject to this obligation.

2. The Emperors Theodosius and Valentinian to Taurus, Prsetorian Prefect.

As Our subjects in all the provinces should render Us ordinary service in the places through which We travel, We order that no one shall be exempt from any services connected with the furnishing of post-horses, transportation, or vehicles, which We may require at such times, but that no persons, whether they are attached to the retinue of the Emperor or the Empress, or to the Holy Church, or to any other illustrious house, shall be released by any law, Imperial decree, or rescript; and We order that they must obey any proclamation of Your Excellency issued during the time of Our journey.

3. The Emperor Leo.

We order, by this most wise law, that no excuse shall avail, and that no personal rank shall be exempt, but when the construction of walls, the contribution of grain or any other commodities may be required in any place subject to your jurisdiction, these shall be furnished without any hesitation, so far as Your Highness may consider it to be proper and necessary.

TITLE XLIX.

WHO ARE EXCUSED BY REASON OF THEIR AGE OR PROFESSION.

1. The Emperors Diocletian and Maximian.

As you allege that you are engaged in liberal studies, and especially such as have reference to the profession of the law, and are at present residing in the City of Berytus, in the province of Phoenicia, We, in consideration of the public welfare and your expectations, hereby decree that neither of you shall be interfered with while pursuing your studies, until you have reached the age of twenty-five years.

2. The Same Emperors and Caesars.

As you allege that although your sons have been released from your control they are still minors, it is with reason that you request

that they should not be molested while pursuing their studies. Hence We direct that they shall not be liable to personal charges having no connection with estates in which they are interested, if no lack of other citizens exists.

3. The Same Emperors and Csesars.

It is a clear rule of law that persons more than fifty-five years of age cannot be compelled to perform personal services. Therefore, as you state that you are over seventy, if you appealed on account of your appointment, you can, in accordance with law, be protected by the Governor of the province.

TITLE L. WHO ARE EXCUSED ON ACCOUNT OF DISEASE.

1. The Emperor Gordian.

If your father, having lost his sight in battle, is blind in both eyes, he will be released from all personal charges.

2. The Emperors Diocletian and Maximian.

As you allege that you are deaf, you will be exempt from personal charges by authority of the public law.

3. The Same Emperors and Csssars.

The gout does not afford a valid excuse from personal services, but as you say that you are so afflicted with disease in the feet that you cannot attend to your own affairs, the Governor of the province will not permit you to be subjected to personal charges, if he should find that your statements are true.

4. The Same Emperors and Ciesars.

The bodily infirmities of a father do not afford a valid excuse for releasing his son from personal charges.

TITLE LI.

CONCERNING THOSE WHO SHOULD BE EXCUSED ON

ACCOUNT OF THE NUMBER OF THEIR CHILDREN, OR

BY REASON OF THEIR POVERTY.

1. The Emperor Antoninus.

The number of children does not exempt anyone from the burdens of a public office.

2. The Emperor Philip and the Csesar Philip.

It has already been decided that, where a son has been captured by the enemy and has not yet returned, this fact cannot be advanced by his father to excuse him from personal services.

3. The Same Emperors and Caesars.


Grandsons who succeed to their father confer the same benefits as the latter would have done, and therefore if he who you say is your father has under his control five grandchildren of sons whom he has lost, he should be excused from personal services in conformity with the laws.

4. The Emperors Diocletian and Maximian.

As you state that you have transferred all your property to your son, and have retained nothing, you will be required to perform civil services on account of property which has ceased to belong to you.

5. The Same Emperors and Caesars.

Where women, on account of their sex, are liable to personal services, the Divine Emperors, Our relatives, have decided that they shall be excused, just as males are, when they have five surviving children.

6. The Emperor Constantine to Dalmatius.

It is established that parents who have five children of either sex shall be exempt from personal services, but if among this number a son of lawful age should be found, he will immediately become subject to the performance of the services to which his father was liable. The exemption afforded by the laws shall, however, be granted to fathers who have five sons or daughters. If anyone should deserve exemption on account of being weak-minded, and this can be proved, he will enjoy this privilege; just as he could do if, when required to perform personal services, he had been declared exempt' on account of poverty.

Given at Sirmium, on the fourteenth of the Kalends of February, during the Consulate of Crispus, Consul for the third time, and Constantine, Consul for the second time, 324.1

TITLE LII. CONCERNING PROFESSORS AND PHYSICIANS.

1. The Emperor Antoninus.

If, as you allege you are serving as the physician of the Second Legion, you cannot be compelled to perform civil services as long as you are absent on business for the State. After your connection with

1 The Roman system of taxation was quite complicated, and its exactions at times somewhat severe. Its most oppressive characteristics were its unequal distribution and its uncertainty, the levy usually varying according to the present exigencies of the State, and was, to a great extent, dependent upon the caprice of the authorities charged with its imposition. The practice of farming out the collection of taxes was, as is ever the case, a perpetual cause of corruption and annoyance. No available source of public revenue seems to have escaped the ingenuity and vigilance of the Roman legislator. Assessments, often arbitrary, were placed upon conquered nations, lands, personal property, individuals, incomes, and inheritances. Duties were imposed upon almost all imports and exports.

The earliest species of tax was the tributum—so called from the tribus, or plebeians, who were at first the sole subject of it—and while, strictly speaking,

the army has ceased, however(<and you have returned, you will be entitled to exemption, if you are'included in the number of those physicians to whom this privilege has been granted.

2. The Emperor Gordian.

It is a well-known fact that grammarians or orators, who have been authorized by a decree of a curia, can be deprived of their privi-

it was not a land-tax, real property, then almost exclusively in the hands of the populace, was its foundation, and was principally affected by it. The patricians subsequently became liable to this enforced and indeterminate contribution. The tributum, was levied for the maintenance and remuneration of the army, and for the purposes of national defense, of which the erection and repair of fortifications constituted an important and essential item. In early times, the money collected from the taxpayers was refunded to them out of the proceeds of the sale of the booty obtained in war. The rate of the tributum was at first one part in a thousand of the value of the property, which was afterwards increased to three thousandths.

Although ordinarily uncertain in amount, the term tributum was also applicable to the charge on land and the poll-tax, both of which were definite and established.

The stipendium was the contribution exacted from countries reduced to subjection by the Roman arms, and was payable in cash, or in commodities of every description. In the early days of the Empire, a systematic valuation of land and personal property was instituted, with a view to the levy of this tax, a measure which had not hitherto been adopted, and which greatly facilitated its distribution and collection. Some provinces were annually assessed a specified sum; others were only required to contribute a certain percentage of the crops of land capable of tillage. This want of uniformity was largely due to the retention of ancient customs observed prior to the Roman domination.

Among the most lucrative sources of national revenue was the portorium, or harbor-tax, which included levies of both imports and exports, and dated back to the foundation of the Roman state. Custom-houses were maintained at the borders of every province, as well as at those of the Empire. Personal effects for the use of the owner were, with the exception of articles of undoubted luxury, exempt from import duties. The amount of the latter varied, at different epochs, from two and a half to twelve and a half percent of the appraised value of the goods.

All estates estimated at more than 100,000 sesterces (about $300.00) were taxed five per cent. Persons, regardless of sex, who owned no land, were, after their twenty-fifth year, liable to a poll-tax, the amount of which was established by a decree of the Emperor; males being generally obliged to pay twice as much as females. Four per cent of the purchase-money of every slave sold was collected, as well as five per cent of that of everyone manumitted.

The publicani, or farmers of the revenue, were exclusively entrusted with the collection of certain taxes, which duty was not imposed upon government officials. They were originally taken from the Equestrian Order, employment of this kind being considered derogatory to the dignity of a senator, and were required to give security for the return of the sums due to the government. As they purchased the right to collect the revenue of entire districts and provinces, the temptation to abuse their privilege was irresistible, and the term publicanus soon became synonymous with extortion. Their wealth and influence were enormous, and the business was so extensive and profitable that corporations were organized for the purpose of conducting it, which paid almost incredible dividends to the stockholders. Contracts were awarded by the censors to the highest bidder at public sale, and ran from one to five years. The infamous rapacity and heartlessness of these gentry, who had every incentive to wring the last sesterce from the unfortunate taxpayer, was proverbial, and is frequently reprobated by ancient writers: "Ubi publicanus, est ibi aut jus publicum vannum, aut libertas sociis nulla." (Livy, Annales XLV, 18.)—ED.

lege by the same curia,, if they do not make themselves useful to their pupils.

3. The Emperor Philip.

Poets do not enjoy any privilege of immunity.

4. The Emperors Diocletian and Maximian, and the Cazsars. By an address of the Divine Pius, professors of the liberal studies, but not accountants, are included among those who are exempt.

5. The Same Emperors and Csesars.

It has been frequently decided that physicians shall not be included among those not liable to civil duties, against the will of the curia, as immunity must be granted them by a decree of the decurions.

6. The Emperor Constantine to Volusianus.

We order that physicians, archiatri* grammarians, and other professors of letters, as well as doctors of the law, together with their wives and children, and any property which they may possess in their own cities, shall be exempt from every function, and every kind of service, civil as well as public; and shall not be required to entertain guests in a province; nor perform any labor; nor be compelled to appear in court; nor be deprived of their property; nor be produced before any tribunal; nor suffer any injury; and if anyone should molest them, he shall be punished as the judge may decide.

We order that rewards and salaries shall be paid to them by which they may the more readily perfect themselves in their liberal studies and arts above mentioned.

Published at Sirmium, on the Kalends of August, during the Consulate of Crispus and Constantine, 321.

7. The Emperor Julian.

Masters and doctors of the liberal arts should, first of all, excel in morality, and next in eloquence. But as I, Myself, cannot be present in the different cities, I order that anyone who wishes to teach shall not suddenly or rashly adopt this profession, but must not do so until

1 These were medical practitioners whose superior talents and established reputation had raised them to a commanding place in their profession. Their origin dated back to the reign of the Csesars. Much uncertainty exists as to their prerogatives, but it is known that they exercised supervision and, to some extent at least, were invested with judicial authority over other physicians. They were divided into two classes, from one of which were selected the medical attendants of the imperial family, and to the other were assigned the care and treatment of the poor. A certain number of the latter, which varied according to the population and importance of the community, was allotted to each municipality; the smallest provincial town had five, at Rome there were sixteen. As they received regular salaries from the government, the archiatri were obliged to give their services gratuitously to indigent patients, but were not prohibited from accepting compensation from persons able to pay. Their remuneration was, as a rule, greater than that of the Court physicians, whose exalted rank and special privileges were presumed to make up for any deficiency of fees.—ED.

he has been accepted by the Order of Decurions, and formally authorized by them under a decree, with the consent of the principal citizens of the community.

Given on the fifth of the Kalends of July, and adopted at Spoletium, on the fourth of the Kalends of August, during the Consulate of Ma-mertinus and Nevitta, 362.

8. The Emperors Valentinian and Valens to Probus, Prastorian Prefect.

Every person who is known to have improperly and insolently adopted the profession of philosopher shall be sent back to his country, with the exception of those who, having been approved by the principal citizens of the town, should be separated from the above-mentioned class. For it is shameful that he who professes to be able to endure the reverses of fortune can not discharge the duties which he owes to his country.

Given at Sirmium, on the fourteenth of the Kalends of February, during the Consulate of Valentinian and Victor, 370.

9. The Same Emperors to Prsetextatus, Prefect of the City.

The attention of archiaters is called to the fact that, when contributions are made to them by the people, it is more honorable to aid the poor rather than to basely minister to the rich. We permit them to receive only what those whom they have cured offer for their services, and not what the latter, when in danger, may have promised for restitution to health.

Given on the third of the Kalends of February, during the third Consulate of Valentinian and Valens, 370.

10. The Same Emperors to Olybrius, Prsetorian Prefect.

When any physician, who is deserving of promotion, is a candidate for the place of a deceased archmter, he shall not obtain it before he is pronounced to be qualified by seven or more of the principal practitioners to be found in the profession; and, moreover, anyone who is admitted shall not at once be placed in the first rank, but shall take his turn and be the last in order, following those who have preceded him.

Given on the sixth of the Ides of March, during the third Consulate of Valentinian and Valens, 370.

11. The Emperors Honorius and Theodosius to Monachius, Prse-torian Prefect.

We order that grammarians, orators, and teachers of philosophy, as well as physicians, who, by the authority of previous laws which have been enacted, have obtained privileges and immunities, shall enjoy these privileges; and that all the physicians attached to the Imperial palace, whether they have attained to the rank of count of the first or second grade, or some more exalted dignity, shall not be molested by the officers of any municipality, or decurionate, whether they

have ceased to perform, or have just begun to perform their functions, if they have obtained an honorable discharge; and they shall be exempt from all public employments and duties, hence their families, wherever situated, shall not be compelled to entertain either sdldiers

or judges.

We order that these rules shall apply, without exception, to their children and their wives. We also direct that the professors above mentioned, as well as their children, shall enjoy the same immunity.

Given at Constantinople, on the day before the Kalends of December, during the Consulate of Constantius and Constans, 374.

TITLE LIII. CONCERNING ATHLETES.

1. The Emperor Alexander.

It is the custom to exempt from civil duties those athletes who are proved to have won not less than three crowns in formal contests during their entire lives (one of which must have been obtained at Rome, or in ancient Greece), and who have not been defeated, and deprived of their crowns by their competitors.

TITLE LIV.

CONCERNING THOSE WHO HAVE BEEN DISCHARGED FROM THE ARMY BEFORE COMPLETING THEIR TERM OF SERVICE.

1. The Emperor Antoninus.

Soldiers who have been dishonorably discharged must not become candidates for honorable office, but should not be excluded from the discharge of civil duties.

2. The Emperors Diocletian and Maximian.

As you have been dismissed from the army on account of your advanced age, there .can be no doubt that your discharge was honorable, and therefore you will be exempt from civil duties, but not from honorable dignities. Still, the law permits you to avail yourself of those privileges to which all are entitled who have completed their full term of military service, for you yourself acknowledge that you were discharged before having served the time prescribed by law.

3. The Same Emperors and Csesars.

Exemption from personal burdens and services is only granted to veterans where they are proved to have served twenty years in the army, either in a legion itself, or as members of a color-guard, and can show that they have obtained an honorable discharge for full service, or one to ill-health. Therefore, as you state that you have only Served in a cohort, you will understand that you have no ground for claiming exemption from civil duties.

FROM WHAT CIVIL SERVICES THOSE ARE EXEMPT WHO, , AFTER HAVING COMPLETED THEIR TIME IN THE ARMY, OR THE DUTIES TO WHICH THEY HAVE BEEN ASSIGNED IN THE PROVINCES, ENGAGE IN THEIR OWN AFFAIRS AND BUSINESS AT HOME, AND THEIR PRIVILEGES, AND CONCERNING FARMERS OF THE REVENUE.

1. This Law is not Authentic.

2. The Emperors Diocletian and Maximian, and the Csesars.

It is certain that no others are exempt from civil duties and dignities than those who have leased the collection of taxes from the Treasury in their own names; and therefore no legal doubt can be entertained that persons who have been appointed by them as their deputies are not entitled to claim this privilege.

TITLE LVI. CONCERNING FREEDMEN.

1. The Emperors Diocletian and Maximian, and the Csesars. The status of freedman does not afford exemption from civil duties, even in the city where the freedman has his domicile.

TITLE LVII.

CONCERNING INFAMOUS PERSONS. 1. The Emperor Antoninus.

Although infamous persons cannot be promoted to dignities which are only conferred upon those of honorable reputation, they are, nevertheless, not exempt from the performance of civil duties, or of those of the decurionate, but are required to make contributions demanded by the public welfare.

TITLE LVIII.

CONCERNING PERSONS ACCUSED OF CRIME. 1. The Emperor Alexander.

It has often been stated in rescripts by My ancestors, the Emperors, that persons accused of crime cannot be raised to any new dignities before having established their innocence.

TITLE LIX. CONCERNING THOSE WHO HAVE BEEN CONDEMNED TO

EXILE, OR SUSPENDED FROM THEIR ORDER. 1. The Emperor Marcus Antoninus to Diogenes. Decurions who have been suspended from their order for a certain time cease to be infamous after that time has expired.

2. The Emperor Gordian.

A decurion who has been sentenced to exile for a specified term, and returns after it has expired, will recover his former rank, but cannot be promoted to new honors, until as much time has elapsed as passed while he was absent in flight.

TITLE LX.

CONCERNING SONS UNDER PATERNAL CONTROL, AND TO WHAT EXTENT THEIR FATHER Is RESPONSIBLE FOR THEM.

1. The Emperors Severus and Antoninus.

It is a perfectly clear rule of law that a father is not responsible for his emancipated son, even if he has given his consent for him to be made a decurion, for where he has agreed to this, he will only be liable if his son is under his control. He, however, is considered to have consented, if he did not show any opposition to his appointment.

2. The Emperor Antoninus.

As you state that you have appealed, you must prove that your individual interests are involved, for you can only oppose the appointment of your son, and cannot consent that the responsibilities of the office shall be imposed upon you.

3. The Emperors Diocletian and Maximian, and the Csesars.

If those called by their father to perform the duties of the pro-tostasiat are still under paternal control, they will be released from the duties of the office, for it would appear extremely unjust if two persons belonging to the same family should be compelled, under such circumstances, to perform these duties. But you should, without hesitation, retain those sons who it is evident have been emancipated, and have left their father's family.

4. The Same Emperors and Csesars.

The magistrate appointed your son a curator, without your incurring any responsibility, and it will not be necessary for you to appeal; for he, without your consent, nominated your son, who was under your control, and he will be responsible for any loss which may result from the administration of the office, unless your son had previously been appointed decurion with your acquiescence.

TITLE LXI.

CONCERNING THE RESPONSIBILITY OF A PARENT FOR His

HEIRS.

1. The Emperor Alexander.

If your father became responsible, and rendered his own property liable because of your appointment to the office of priest, the Governor of the province will not be ignorant of the fact that liability for the expenses incurred will pass to all his heirs.

TITLE LXII.

CONCERNING WOMEN AND WHERE THEY MAY BECOME

RESPONSIBLE FOR MUNICIPAL SERVICES IMPOSED UPON

OFFICES AND HONORS SUITABLE TO THEIR SEX.

1. The Emperor Philip.

It has frequently been stated in rescripts that where a woman was born in one place and married in another, and her husband does not reside in the City of Rome, she can be compelled to accept honors and offices which are personal, and those of her sex are capable of receiving, not in the city of her birth but where her husband resides. Women, however, must be responsible for charges attaching to estates in the places where those estates are situated.

TITLE LXIII.

CONCERNING EMBASSIES.

1. The Emperors Valerian and Gallienus.

The father of three living children is exempt from public embassies.

2. The Same Emperors and Csesars to Valerian.

After having received a certain sum of money in your own name for the public defence, that which your colleague received for his expenses his heirs will not be compelled to turn over to you, if it was intended for the same purpose, but if it should be absolutely necessary for it to be refunded, it must be given to the government. Where the amount was intended for the compensation of advocates, you, whose duty it is to pay them, can very properly demand to be reimbursed. Moreover, you can prosecute your colleague for having neglected his duty, as you allege that he desisted from the defence of his country, for which he was appointed.

3. The Emperors Diocletian and Maximian.

It has been decided that those who have been appointed to an embassy to Us, from across the sea, are entitled to exemption from civil services and offices for the term of two years, but not those who have discharged their duties to the State from a place near at hand.

4. The Emperor Constantine.

All counts of Governors who have obtained their dignities by suffrage shall be required to discharge civil duties, lest the public welfare may be injured through an agreement made with reference to services which had not been performed. Those, however, who are employed in public embassies, shall be exempt from the aforesaid burdens.

5. The Emperors Theodosius, Arcadius, and Honorius, to Apode-mius, Prsetorian Prefect of Illyria.

If an extraordinary occasion arises which requires an embassy to be despatched to Us, or some communication to be sent to Our palace,

whatever should be submitted to the consideration of all, or a majority of the authorities, shall not be brought before an ordinary judge for examination. We permit you to take cognizance of, and investigate the claims of inhabitants of the provinces, by whom this is frequently required in the case of unforeseen events, so that you may inquire into any matters which demand your immediate attention, and which ought to be brought to Our notice. Any decision, however, with reference to the general welfare of the people of the province, must be rendered in a public place, and that which has obtained the approval of a majority shall be formally confirmed.

Given at Constantinople, on the fifth of the Kalends of August, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

6. The Emperors Honorius and Theodosius to Monaxius, Prse-torian Prefect.

Whenever an embassy is sent to Us from the City of Alexandria, We order all the decurions of the city, if they are not prevented by ill-,ness, or for some other good reason, to assemble in their accustomed place, and having signed a decree to communicate it to the illustrious Augustal Prefect, so that, by his intervention, the demands may be brought to your notice, and the object of the embassy be determined by your examination.

Given at Constantinople, on the third of the Nones of October, during the Consulate of Our Lord the Emperor Theodosius, Consul for the seventh time, and Palladius, 416.

TITLE LXIV.

CONCERNING THE EXCUSES OF ARTISANS.

1. The Emperor Constantine to Maximus.

We order that artisans engaged in the trades hereinafter specified, and who reside in different cities, shall be exempt from all civil duties, above all, if their leisure is employed in perfecting themselves in occupations by which they may become more skillful, and their sons be instructed. This enumeration is as follows: Architects, physicians, painters, sculptors, workers in marble, manufacturers of beds or chests, locksmiths, chariot-makers, builders, that is to say masons, woodcarvers, musiarii, gilders, workers in stucco, silversmiths, bar-baricarii, diatretarii, brokers, founders, signarii, manufacturers, brochiarii, engineers, potters, who in Greek are called x°^aTa^> goldsmiths, glaziers, workers in lead, makers of mirrors, workers in ivory, furriers, fullers, carpenters, plasterers, dealbatares, cusores, trigarii, cisarii, and bractearii.1

Given on the fourth of the Nones of August, during the Consulate of Felicianus and Titian, 337.

1 Many of these terms are not to be found in any dictionary accessible to the translator.—ED.

2. The Emperors Constantine and Constans to Leontius, Praetorian Prefect.

We require surveyors, geometers, and architects who are occupied in dividing land and other property, and whose duty it is to take measurements, and establish boundaries, as well as those whose business it is to conduct or remove water, to likewise employ their spare time for the purpose of teaching others, and extending their own knowledge. Hence they shall enjoy immunity from civil services and must take a certain number of pupils for the purpose of giving them instruction.

Given on the day before the Nones of July, during the Consulate of Leontius and Sallust, 344.

TITLE LXV.

CONCERNING THE QUALIFICATIONS OF PERSONS APPOINTED

TO OFFICE.

1. The Emperor Antoninus.

If, having been called to perform civil duties, you should think that someone else is better qualified, you can make a statement to that effect.

TITLE LXVI.

WHERE AN APPOINTMENT Is MADE THROUGH ENMITY.

1. The Emperor Alexander.

If you have been appointed to a civil office on account of enmity entertained toward you, the justice of the Governor will prevent this appointment from being a source of injury to you; for it is not advantageous to the State for appointments to be made through enmity, as this should be done because of proper qualifications, and with a view to the public welfare.

TITLE LXVII. CONCERNING THE RECOVERY OF EXPENSES.

1. The Emperor Gordian.

' You will not be required to perform the civil duties imposed upon persons, if you have five living children. If, however, in violation of this privilege, you should be called upon to perform the duties of public office, after having taken an appeal, you should state your right to exemption, and you can recover from those who appointed you the expenses which you have incurred in litigation.

TITLE LXVIII. WHERE ANYONE DIES AFTER His APPOINTMENT.

1. The Emperor Alexander.

If your father died before enjoying his dignity, or performing the duties of his office, the Governor of the province can entertain no doubt that his heirs cannot be held liable on his account.

TITLE LXIX.

CONCERNING BOOKKEEPERS, SECRETARIES, WRITERS OF SPEECHES, AND REGISTERS OF THE CENSUS.

1. The Emperor Alexander.

No bookkeeper, scribe, writer of speeches, or their sons, shall discharge the duties of any other office, and if they should do so, they shall immediately be returned to their municipal employments, even if they are serving in Our palace, provided that they are discovered within the term of five years.

Given on the eighth of the Kalends of July, during the Consulate of Marcellinus and Probinus, 341.

2. The Emperor Gordian.

Any decurion who voluntarily assumes employment in the administration of the census shall have the place which he himself has chosen; and if it should be found necessary to subject him to torture, he cannot plead the dignity of his order by way of exemption.

3. The Emperors Arcadius and Honorius to Hadrian, Prsetorian Prefect.

By this general law, We order that whenever it becomes necessary to appoint keepers of the archives for entire provinces, or for single cities, freemen shall be selected, nor can this office hereafter be filled by anyone of servile condition. If, however, a master should permit his slave or serf to have charge of public documents (and this must be done with his consent and knowledge), he will be liable for any loss or damage occasioned by said slave or serf, in matters connected with the public welfare, and the slave, after having been scourged, shall be confiscated to the Treasury. Hence it will be to the interest of masters, in the beginning, to see that their slaves do not concern themselves with public transactions.

Given at Milan, on the eighth of the Kalends of April, during the Consulate of Vicentius and Fabricius, 401.

4. The Emperors Theodosius and Valentinian.

Philosophers, accountants, writers of speeches, medogrammatici, diastolei (which designations show that they are employed in the public service), or no matter under what other names they may pass, when they cannot plead any honor or other privilege by way of exemption, shall, by the provisions of the laws, inexorably be compelled to discharge the duties required by their station, so that the general welfare may not suffer or be injured by their failure to do so, and they shall be obliged to perform those personal services to which their fathers or ancestors were liable.

TITLE LXX.

CONCERNING RECEIVERS, SUPERINTENDENTS AND TREASURERS.

1. The Emperor Antoninus.

We decree that public receivers of money should not delay their collections, so that.no one may be obliged to incur expense on this account. For when anyone desiring to make payment is repulsed by the receiver, he ought to produce witnesses to prove the refusal, and, this having been done, he shall be released from liability for payment, and he who refused to receive the money shall be compelled by the Governor to pay to the Treasury double the amount due.

If receivers should violate this law through the neglect of a judge who has jurisdiction of the case, the latter shall make good the amount out of his own property.

2. The Emperor Alexander.

Magistrates who appoint receivers and officials having the care of public warehouses and districts shall, under laws long in operation, be held responsible for their appointees, if the latter should prove insolvent, as well as be liable for any property which may fraudulently be lost through sales to persons who have been introduced for that purpose.

Given at Constantinople, on the third of the Kalends of August, during the Consulate of Valentinian and Valens, 365.

3. The Emperors Valentinian and Valens to Mamertinus, Praetorian Prefect.

Receivers of public moneys are hereby notified to collect not only what is due for the present year, but also any unpaid sums for other years which have already expired.

Given at Rome, on the day before the Kalends of November, during the Consulate of Valentinian and Valens, 365.

4. The Same Emperors to Florentius, Count of the Sacred Largesses.

No one who has completed his term of his office as public receiver shall be continued in the discharge of the same duties, unless he has first released himself from liability by rendering an account of his former administration; for it is unjust to hold those responsible who have performed their duty properly, and it is not wise not to call those to account who have failed to perform it. Therefore, after the expiration of a year, they shall be compelled to show what disposition they have made of what they have collected, so that if any of them should be found guilty of theft, he can the more readily be compelled to make good the loss.

Nor should collectors have the power to constantly molest the people of the provinces, as, for instance, by the practice of extortion, but they should be changed every year, unless either the custom of the

city, or the rules of their order, require them to remain for the term of two years.

Given at Constantinople, on the day before the Kalends of December, during the Consulate of Our Prince Honorius and Evodius, 386.

5. The Same Emperor.

Whenever a certain sum of solidi is due, and an amount of gold or silver in bulk is tendered instead, it shall be accepted at the rate of seventy-two solidi to the pound.

Given at Rome, on the sixth of the Ides of January, during the Consulate of Lupicinus and Jovinus, 367.

6. The Emperors Valentinian, Valens, and Gratian to Chilo.

A record must be made of all grain stored in the public warehouses, and a receipt immediately given therefor, but only that belonging to the Treasury shall be placed in the Treasury warehouses.

Given on the fifth of the Ides of April, after the Consulate of Gratian, Consul for the third time, and Equitius, 374.

7. The Emperors Gratian, Valentinian, and Theodosius to Hyptu-tius.

Collections shall not remain a long time in the hands of the receivers, but shall immediately after being 'obtained from the inhabitants of provinces be deposited in the Imperial Treasury.

Given at Constantinople, on the third of the Kalends of May, after the Consulate of Antonius and Syagrius, 383.

8. The Same Emperors to Cynegius, Prsstorian Prefect.

Public collectors and receivers shall be appointed at a full meeting of the decurionate, with the consent and approbation of all or a majority of those present, and Governors of provinces shall scrutinize the names of those who have been selected and charged with the performance of official duties, and always bear in mind that they will be responsible for all the acts of the administration of those whom they appoint.

Given at Constantinople, on the sixth of the Kalends of November, during the Consulate of Our Prince Honorius, and Evodius, 386.

9. The Emperors Valentinian and Arcadius to Cynegius, Prsstorian Prefect.

We order that brazen or stone weights and measures shall be placed at each public station and city, so that everyone who pays tribute will have under his eyes the regular standards prescribed for all commodities, and ascertain what he is obliged to give to the receivers; so that if any of the latter should exceed the regular measure or weight, he may know that he will undergo the penalty prescribed for his offence, and having abolished everything which has heretofore been enacted contrary to the welfare of the people, We hereby decree that fifty measures of wheat, forty of barley, and twenty of wine and bacon shall be delivered to the receivers.

Moreover, being induced by motives of humanity, We order that, on account of the distance, forty measures of corn and barley, and fifteen of wine and bacon shall be delivered to the receivers in the province of Armenia.

Given at Constantinople, on the fourth of the Kalends of December, during the Consulate of Our Prince Honorius, and Evodius, 386.

10. The Same Emperors to Cynegius, Pf&torian Prefect.

The receiver shall draw up and state in the presence of the defenders of the city the amount of the contribution to be paid by the possessors of land, as well as the different kinds of commodities, and the number and quantity of each.

Given at Constantinople, on the fourth of the Kalends of December, during the Consulate of Timasius and Promotus, 389.

11. The Emperors Arcadius and Honorius to Benignus, Vicegerent of the City of Rome.

We desire the receivers of wine to be responsible for the amount receipted for to the tributaries. The receipts must be produced in public, and, in order that their genuineness may be established, an account of them must be rendered by those who gave them.

Given at Milan, on the sixth of the Ides of June, during the Consulate of Stilicho and Aurelian, 400.

12. The Same Emperors to their Friend, Pompeianus, Greeting: If the owner of property should detect a receiver or an accountant in the commission of fraud, he who has been convicted shall not again hold the office during the administration of which he was guilty of dishonesty, even though he may, by clandestine means, have obtained an Imperial Rescript authorizing him to do so.

Given at Milan, on the day before the Kalends of January, during the Consulate of Stilicho and Aurelian, 400.

13. The Same Emperors to Lucius, Count of the Sacred Largesses.

We order that two registrars or accountants, and the same number of receivers, be appointed in every province. We desire, moreover, to give notice to the Prsetorian Prefect that those who make collections for the Imperial Largesses have nothing in common with the officials charged with the accounts of the Treasury of the Prefecture, and provincial judges shall be fined five pounds of gold, and their chief subordinates be punished with death, if this law is not observed.

Given on the sixth of the Kalends of February, during the Consulate of Bassus and Philip, 401.

14. The Emperors Honorius and Theodosius to their friend, Eu-chwrius, Greeting:

In order that the public welfare may not suffer, We do not permit decurions to fill inferior offices, or be subject to extraordinary burdens. Therefore it is better for the receiver of clothing to be appointed from among the officers of the Proconsul, or from among those who have

already exercised the same employment. Still, it is important to be careful in this matter, and to examine the qualifications of candidates so as to select persons best qualified for the place; for it is inequitable for all the benefits to belong to the officials above mentioned, and for the decurionate alone to bear the loss of collection. Hence, We exempt all members of the decurionate from this injustice, with the exception of those who have either held the above-mentioned office, or are administering it at present.

Given at Ravenna, on the day before the Kalends of March, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, Consul for the fifth time, 412.

15. The Emperors Theodosius and Valentinian to Volusianus, Prse-torian Prefect.

The treasurer or the collector shall receive any gold and silver offered by a tributary, and We hereby notify the Governors of provinces and their subordinates that they will be responsible, if any injustice is sustained by the tributaries through incorrect weights; and We order that whatever is collected in the provinces for the benefit of Our Treasury shall be delivered to the illustrious Count of the Treasury.

Given at Ravenna, on the third of the Kalends of March, after the Consulate of Felix and Taurus, 429.

TITLE LXXI. CONCERNING WEIGHERS, AND THE DELIVERY OP GOLD.

1. The Emperor Constantine to Eufraxius, Receiver of Three Provinces.

When anyone wishes to pay his taxes in money, or in a mass of gold, it shall be accepted in equal proportion and weight.

Published on the fourteenth of the Kalends of August, during the Consulate of Paulinus and Julian, 325.

2. The Emperor Justinian to Mamertinus, Prsetorian Prefect.

It is settled that when any doubt arises with reference to the purity of the solidi paid, the dispute shall be decided by the officer styled zygostat in Greek, who is appointed in each city, and who shall render his decision to the best of his ability and information.

Given on the ninth of the Kalends of May, during the Consulate of Julian, Consul for the fourth time, and Sallust, 363.

TITLE LXXII. CONCERNING THE COLLECTORS OF PUBLIC MONEY.

1. The Emperors Honorius and Theodosius to Anthemius, Praetorian Prefect.

Some collectors of public money presume to make their collections Withoufhaving previously obtained authority to do so (as is customary)

and others retain for a long time what should have been immediately turned over to the Treasury. Therefore, We decree that no one shall collect any money without having previously been authorized by the Count of the Sacred Largesses, or shall retain it, after having once collected it.

Given on the thirteenth of the Kalends of August, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

TITLE LXXIII.

PUBLIC FUNDS WHICH HAVE BEEN COLLECTED SHALL NOT BE DISBURSED WITHOUT AUTHORITY.

1. The Emperor Constantine.

No judge shall permit any public money which has been collected to be loaned or disposed of in any other way.

Given on the day before the Nones of March, during the Consulate of Paulinus and Julian, 325.

2. The Emperors Gratian, Valentinian, and Theodosius to Their Beloved Lampadius.

No one shall dispose of any funds belonging to the Treasury, or any public property stored in warehouses, for any purpose whatsoever, unless he has first received permission to do so from the proper authorities.

Given at Constantinople, on the third of the Ides of April, during the Consulate of Antoninus and Syagrius, 382.

3. The Emperors Arcadius and Honorius to Messala, Prsetorian Prefect.

All judges are hereby notified that they are not permitted to apply to other uses any funds which have been deposited in Our private Treasury, or which they may have collected for that purpose, unless they wish their audacity to be severely punished.

Given at Milan, on the sixteenth of the Kalends of June, during the Consulate of Theodore, 399.

TITLE LXXIV. CONCERNING CORONARY GOLD.

1. The Emperors Gratian, Valentinian, and Theodosius to Cyne-gius, Prsetorian Prefect.

It has been decided that no one can violate the custom which has been established with reference to coronary gold.

Given at Constantinople, on the fifteenth of the Kalends of February, during the Consulate of Richomer and Clearchus, 384.

TITLE LXXV.

CONCERNING IRENARCHS.

1. The Emperors Honorius and Theodosius to Anthemius, Pras-torian Prefect.

Irenarchs, whose duty it is to preserve quiet and peace in the different territories and districts, shall be appointed by the Governors of provinces from among the most competent members of the de-

^Given'at Constantinople> on the eighth of the Kalends of January, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

TITLE LXXVI.

CONCERNING THE RATIO OF SILVER TO BE PAID INTO THE PUBLIC TREASURY.

1. The Emperor Arcadius and Honorius to Eutychianus, Prsetorian Prefect.

We decree that anyone shall have the power to pay gold, instead of a certain amount of silver which he is obliged to deliver to the Public Treasury, in the proportion of five solidi to every pound of

silver.

Given at Constantinople, on the eleventh of the Kalends of March, during the Consulate of Csesarius and Atticus, 497.

THE CODE OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN.

SECOND EDITION. BOOK XL

TITLE I.

CONCERNING THE TRANSPORTATION OF PUBLIC PROPERTY

BY SHIP-OWNERS OR SHIP-MASTERS, AND THE ABOLITION

OF THE TAX KNOWN AS LUSTRAL GOLD.

1 and 2. These Laws are not Authentic.

3. The Emperor Constantine and the Csesar Julian to Olybrius, Prefect of the City.

No violence shall be employed against ship-masters engaged in the transport of tributary grain, nor shall they be put to any annoyance

or trouble, but must enjoy perfect security while both coming and going, and anyone who attempts to molest them shall be fined ten pounds of gold.

Given at Rome, on the Kalends of June, during the Consulate of Constantius, Consul for the ninth time, and the Caesar Julian, Consul for the second time, 357.

4. The Emperors Arcadius and Honorius to Eusebius, Prsetorian Prefect.

We have ascertained that certain ship-masters have made property collected by way of tribute an object of commerce for their own benefit, and therefore We decree that they must, within a year, turn over whatever they have received, and take receipts for the same, showing the day of its delivery, which receipts must be exhibited by them within another year to the persons by whom the property was delivered for transportation.

Given at Milan, on the tenth of the Kalends of January, during the third Consulate of Arcadius and Honorius, 394.

5. The Same Emperors to Flavianus, Prefect of the City.

We wish those who have plundered ship-masters to make good the losses out of their own property, and therefore, in order to prevent any act of this kind from taking place hereafter, We decree that whoever is convicted of the robbery of a ship-master shall be compelled to pay a penalty of fourfold the amount taken.

Published at Rome, in the Apronian Forum, on the ninth of the Kalends of February, during the Consulate of Stilicho and Aurelian, 400.

6. The Emperors Honorius and Theodosius.

As there was a scarcity of ships among the ship-masters of the provinces of the East, and, on the pretext of obtaining vessels, search was made through the adjoining islands and the opportunity for sailing lost, and, on account of there being no means of transportation it was feared that the severity of the authorities would be exerted, it was with reason that Your Highness called together the Augustal Prefect and the Governor of the islands, together with the commanders of the fleet of Alexandria and Carpathia, and other ship-masters, in order that they might be held responsible for the transfer to the warehouses of the Imperial Metropolis of the supplies of grain usually transported by eastern ship-owners from the warehouses of Alexandria to the Capital of the Empire; and in lieu of the small compensation paid for transportation, immunity from payment of tribute or from the tax called <f>i\iKov was conferred upon the said ship-masters, in addition to the other privileges which were granted during the consultation which took place.

Given on the fourteenth of the Kalends of February, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

7. The Same Emperors to Anthemius, Prsetorian Prefect.

Anyone who, having undertaken the transportation of property belonging to the government, abandons the direct route of navigation, and, following a different course, turns aside and sells the property committed to his care, shall be punished with death.

Given at Constantinople, on the fourteenth of the Kalends of August, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

8. The Same Emperors to Faustinus, Prsetorian Prefect.

Judges who permit loaded ships to remain in districts subject to their jurisdiction, under pretext of winter, when the weather is favorable for navigation, shall, with the citizens and the curia of the place, be compelled to pay the expenses incurred by the Governor out of their own property. Moreover, the ship-masters shall suffer the penalty of deportation, if it should be ascertained that they have committed any fraud.

Given at Ravenna, on the eighteenth of the Kalends of September,

during the Consulate of Varana, 410.

TITLE II.

CONCERNING LAND AND ALL OTHER PROPERTY BELONGING TO SHIP-OWNERS.

1. The Emperors Valentinian and Valens to Aurelian, Prefect of Subsistence.

We order that even Our Imperial household shall be responsible to those with whom it has contracted obligations having reference to property liable in the name of a ship-owner.

Given on the third of the Kalends of October, during the Consulate of Lupicinus and Jovinus, 367.

2. The Same Emperors and Gratian to Achilo, Proconsul of Africa.

So far as property sold by ship-masters is concerned (as it is not right to prevent anyone from selling or buying), the purchaser shall be responsible for what is sold by the ship-master, in proportion to his share of the property disposed of, for the liability attaches to the property, and not to the person of the vendor. We do not direct that he shall become a ship-master who has purchased anything from one, but that he shall be liable for whatever he bought, in proportion to the

value of the same.

For not all that the ship-owner possessed, and a portion of which the trader obtained, but only that portion which belonged to the shipowner in the beginning shall be liable for the payment of this obligation, and the residue of the property, which is not subject to it, shall remain free and exempt.

Again, where a house whose value consists in the beauty and ornamentation of the city, rather than in the income obtained from it, is sold by a ship-master, it is settled and it will be liable for this pay-

merit only to the extent of its actual worth in money. Where, however, the land is of such limited extent that it cannot be subjected to such a charge, or where there are buildings whose repairs or reconstruction are arduous and difficult, or where houses are erected (as is frequently the case) merely for adornment, We are unwilling that any such display of munificence which may subsequently have taken place should be the subject of dishonorable competition by bidders; but the former character of the land and the amount of the payment should be taken into consideration, rather than the daily cultivation of the soil, whose value is increased by the industry of an energetic man.

3. The Emperors Arcadius and Honorius to Messala, Prsetorian Prefect.

Those who, by any title whatosever, obtain lands belonging to ship-owners, are compelled to assume the burdens attaching to the same, in accordance with the value of the property, as appraised in ancient times; and ship-owners are notified not to think that they can take advantage of this law by voluntarily disposing of their property through the transfer to persons who are insolvent.

An agreement of this kind, however, shall stand, so that if the land is conveyed to someone who is insolvent, the vendors will be held liable, and the Treasury can, first of all, have recourse to those who are solvent for any loss which it may have sustained.

Given at Milan, on the fourteenth of the Kalends of March, during the Consulate of Theodore, Consul for the fifth time, 399.

TITLE III.

CONCERNING EXCUSES FOR SHIPS WHICH SHALL NOT BE

ACCEPTED.

1. The Emperors Arcadius and Honorius to Longinianus, Prsetorian Prefect.

Many persons protect their ships under various pretexts, and, for the purpose of preventing this kind of fraud, notice is hereby given that if anyone should think that, by means of false ownership, he can evade the requirements of the State, his vessel shall be confiscated to the Treasury. For while We do not forbid private individuals to own ships, We do not permit them on this account to be guilty of fraud, as everyone is bound to consult the public welfare when necessity demands it, and transport the property of the government without availing himself of any privilege enjoyed by persons of his social or official station.

Given at Ravenna, on the third of the Ides of January, during the Consulate of Arcadius, Consul for the seventh time, and Probus, 406.

2. The Emperors Theodosius and Valentinian to Florentius, Prse-torian Prefect.

We order that no ship which has the capacity of more than two thousand modii before the happy embola shall be exempt from the

public service, or the transportation of property belonging to the government, either by reason of some prerogative attaching to rank, or on account of religion, or because of any personal privilege, not even if an Imperial Rescript (whether it be an epistle or a pragmatic sanction) should be produced in opposition to the provisions of this most salutary law.

We desire that the aforesaid rule shall be observed in every instance, so that, generally speaking, when anything of this kind is brought forward contrary to law or the public welfare, in any transaction whatsoever, it shall not be valid. We shall punish any fraudulent attempt made to violate this law in any way whatsoever by the confiscation of the ship for which exemption is claimed.

TITLE IV. No ADDITION SHALL BE MADE TO PUBLIC BURDENS.

1. The Emperors Arcadius and Honorius to Rufinus, Prsetorian Prefect.

No one shall impose any private charge upon ship-masters who have already assumed public burdens, nor shall those who have been employed for the transport of grain be compelled, under any pretext, to assume other liabilities; for the ship-master will not only be civilly responsible for any expense incurred, as well as for the loss of his ship, but he will also be subjected to severe public punishment.

Given at Constantinople, on the fifth of the Ides of January, during the Consulate of Olybrius and Probinus, 385.

TITLE V. CONCERNING SHIPWRECKS.

1. The Emperor Constantine.

If a vessel is driven on land by shipwreck, or if it goes ashore at any time, it shall belong to the owners, and My Treasury shall advance no claim to it-; for what right has the Treasury to take advantage of the misfortunes of others, so as to profit by such an unhappy occurrence ?

2. The Emperors Valentinian, Valens, and Gratian to Modestus, Prsetorian Prefect.

Where a ship-master alleges that he has had a wreck, he must hasten to appear before the judge of the province, who has jurisdiction, and prove the fact, by witnesses in his presence. A report shall then be made to the eminent Prefecture, so that the truth having been established within a year, the matter may properly be disposed of. It has been decided that if, through negligence, the term of a year should be permitted to elapse, any claims presented after that time shall not be admitted as being worthless, and introduced too late.

Given on the Nones of June, during the Consulate of Modestus and Arinthius, 372.

3. The Emperors Gratian, Valentinian, and Theodosius to the Shipmasters of Africa.

Whenever ships have been destroyed or sunk, an investigation shall be made by a competent judge, and two or three sailors must be examined, but the others should be released from any proceeding of this kind; for an expert questioner can obtain abundant information from the number of sailors aforesaid. The pilots, who have more knowledge, should be selected for this purpose; or if they have lost their lives, inquiry should be made of others. Moreover, when the violence of the storm has killed all the sailors, in order that the truth may be ascertained, their children, or those of the pilots can, after having been brought into court, be interrogated with reference to the death of those whom the ship-master asserts to have perished. The time of an inquiry of this kind shall run from the Kalends of April, to the first of the Kalends of October.

Given on the eighth of the Ides of February, during the Consulate of Gratian and Theodosius, 380.

4. The Emperors Valentinian, Theodosius, and Arcadius to Tati-anus, Prsetorian Prefect.

Where property has been subjected to contribution and then lost in shipwreck, We are unwilling that those by whom this was done shall be, in any way molested, or held responsible by Us, whether they are senators or private individuals.

Given at Constantinople, on the fifteenth of the Kalends of August, during the Consulate of Tatianus and Symmachus, 391.

5. The Emperors Honorius and Theodosius to the Ship-masters of Africa.

With reference to wrecked ships, We decree that the cases shall be heard with all diligence, and if anyone is convicted of having appropriated property under such circumstances, the judge before whom this is proved shall have power to fine, deport, and proscribe those who are guilty, in accordance with their rank. If, however, he should neglect to hear the case within two years, and this time has elapsed, he will be responsible, the ship-master must be discharged on account of the fault of the judge, and the latter will be compelled to pay the value of half of the cargo of the vessel, and his subordinates shall pay the other half, on account of his failure to decide the case within the time prescribed by law.

Given at Ravenna, on the sixteenth of the Kalends of April, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, Consul for the fifth time, 412.

6. The Same Emperors.

Where an investigation of a shipwreck is made in the usual way, and it is found that the vessel was lost in a storm, you should not

grant release of liability for the cargo, but its value must be apportioned pro rata among the owners of the ship in a suitable manner.

TITLE VI.

CONCERNING MINERS, MINES, AND THE SUPERINTENDENTS OP THE LATTER.

1. The Emperors Valentinian and Valens to Cresconius, Count of the Mines.

After due deliberation, We have considered it proper to order that anyone who wishes to engage in the business of mining shall, in addition to what he gains, provide for the State by his own labor. Therefore) those who voluntarily pursue this occupation must be compelled by Your Excellency to pay to the government eight scruples to the ounce, which is called in Greek xpv<ra-w°s- Anything which they may obtain over and above this amount shall preferably be sold to the Treasury, and the proper price be paid for it out of the Treasury of Our Largesses.

Given at Paris, on the fourth of the Ides of December, during the Consulate of Valentinian and Valens, 365.

2. The Same Emperors to Germanianus, Count of the Imperial Largesses.

In estimating the weight of metals, the usual custom should be observed, that is to say, fourteen ounces should be considered as making a pound.

Given at Rome, on the sixth of the Ides of January, during the Consulate of Lupicinus and Jovian, 367.

3. The Emperors Gratian, Valentinian, and Theodosius to Florus, Praetorian Prefect.

All persons engaged in mining on the lands of others shall pay one-tenth to the Treasury, and one-tenth to the owner of the property, and will be entitled to the remainder for themselves.

Given at Constantinople, on the fourth of the Kalends of September, during the Consulate of Antonius and Syagrius, 382.

4. The Same Emperors to Eusinius, Prastorian Prefect.

As the superintendents of mines in Macedonia, in that part of Dacia situated on the Mediterranean, and in Mysia and Dardania, appointed by the decurions of these provinces to regularly collect what is due to the government from the mines, sometimes abandon their places through pretended fear of the enemy, they shall be returned to the discharge of their duties, and none of them shall hereafter be permitted to fill any other office before they have, with energy and diligence, completed the term for which they were appointed to superintend the mines.

5. The Emperors Valentinian, Theodosii, and Arcadius to Romu-lus, Count of the Imperial Largesses.

Miners pursuing their occupations both in the province of Pontus and in that of Asia shall be compelled to pay seven scruples annually into the Treasury of the Imperial Largesses for every man employed.

Given at Constantinople, on the eleventh of the Kalends of March, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

6. The Same Emperors to Paternus.

We have learned that certain persons, under the pretext of opening quarries, have made extensive excavations, and by this means caused damage to the foundations of buildings. In cases of this kind, no one shall be given permission to make such excavations, even if marble is said to be situated under the foundations of the buildings.

Given at Constantinople, on the seventeenth of the Kalends of April, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393.

7. The Emperor Theodosius to Maximin, Count of the Imperial Largesses.

Minors of either sex, who have left the country in which they were born and emigrated to another, should undoubtedly, together with their offspring, be returned without delay to the place of their birth, even though they may have obtained employment in Our Imperial household. Moreover, they are hereby notified that they can, in no way, prejudice the rights of the Treasury, even if any one of them, who proved to be a minor, should have had his name inscribed upon the register of the census.

Given at Constantinople, on the fifth of the Ides of July, during the Consulate of Victor, 424.

TITLE VII.

CONCERNING DYERS OP PURPLE, INMATES AND SUPERINTENDENTS OF THE GYNECEUM, MASTERS OF THE MINT, AND CARRIERS.

1. The Emperor Constantine to the Bithynians.

Masters of the mint should always retain their status, and shall not be released therefrom by the privileges attaching to any dignity whatsoever.

Given on the twelfth of the Kalends of August, during the Consulate of Gallicanus and Bassus, 317.

2. The Same Emperor.

Persons employed in dyeing establishments, and the apartments of women where the manufacture and dyeing of cloths for the use

of the palace are carried on, shall not endeavor to retain such places by intrigue, for fear that the goods manufactured there may, by adulteration, be rendered of inferior value, and if anyone should violate this law he shall be put to death.

3. The Emperors Valentinian and Valens to the Consular, Ger-manus.

Freeborn women, who marry the overseers of gyneceums, in violation of formal warning given to them, and who prefer a disgraceful union of this kind to the nobility of their race, shall be reduced to the condition of their husbands.

Given at Milan, on the fourth of the Kalends of July, during the Consulate of Valentinian and Valens, 365.

4. The Same Emperors to Auxonius, Prsetorian Prefect.

For the present, carriers shall be allowed every fifth animal by way of compensation for transport.

Given at Martianopolis, on the Ides of December, during the Consulate of Valentinian and Valens, 365.

5. The Emperors Valentinian, Valens, and Gratian to Filmatius, Count of the Imperial Largesses.

Those who have been convicted of harboring any woman belonging to a gyneceum shall be subjected to a fine of five pounds of gold.

Given at Cilicia, on the twelfth of the Kalends of September, during the Consulate of Modestus and Arintheus, 372.

6. The Emperors Gratian, Valentinian, and Theodosius to Euche-rius.

Anyone who conceals one of Our slaves, who is a weaver, shall be fined three pounds of gold for every one that he has concealed.

Published at Carthage, on the third of the Kalends of March, after the Consulate of Auxonius and Olybrius, 380.

7. The Same Emperors to Hesperius, Prsetorian Prefect.

We decree that no woman of high rank shall degrade herself by a shameful union with a man employed in the coinage of money. If anyone should violate this law, and does not renounce the connexion which she has formed, but still adheres to the union with the coiner, there is no doubt that she will prejudice both herself and her children, and be reduced to the condition of her companion.

(1) If any woman who is the dependent or vassal of another, without the knowledge of her master, or even with his knowledge, should unite herself with a man engaged in the coinage of money, and her master, having been notified, does not immediately separate these persons, and resume possession of his vassal, he, having tacitly renounced control over her, is hereby notified that he will afterwards have no right to claim her services.

(2) As We are unwilling for a woman of different status to be united with a coiner of money, so We forbid the union of the daughter of a coiner and a man of another condition.

Dated at Aquileia, on the day before the Ides of March, after the Consulate of Auxonius and Olybrius, 380.

8. The Same Emperors to Trifolius, Count of the Imperial Largesses.

By the terms of this law, which is to be perpetual, We decree that carriers shall not be permitted to abandon their employment, or surreptitiously obtain another, before they have discharged the duties of the one to which they belong.

Given at Heraclia, on the ninth of the Kalends of August, during the Consulate of Richomer and Clearchus, 384.

9. The Same Emperors to Principius, Prsetorian Prefect.

If anyone should be so bold as to make use of a ship destined for the collection of shellfish used for dyeing the Imperial purple, he shall be compelled to pay a fine of two pounds of gold.

Given at Aquileia, on the sixth of the Kalends of October, during the Consulship of Arcadius and Bauto, 385.

10. The Emperors Arcadius, Honorius, and Theodosius to Pilo-metor, Count of the Imperial Largesses.

We order that hereafter raw silk, as well as such as has been dyed, shall be reserved for Our exclusive use, and that the officers of the Bureau of Imposts, as well as the incumbents of any office whatsoever, shall be fined twenty pounds of gold if they permit the present law to be rashly violated by anyone.

Given at Constantinople, on the fifth of the Kalends of July, during the Consulate of Arcadius, Consul for the sixth time, and Probus, 406.

11. The Emperor Theodosius and the Csesar Valentinian to Maxi-min, Count of the Imperial Largesses.

Dyers of purple who, after having abandoned and repudiated the duties of their own status, and alleged to have accepted honors and employments forbidden to them, shall be returned to the requirements of their own trade and original condition. Those, however, who, it is evident, have become possessed of the property of persons restricted by their birth to certain occupations, shall be compelled to return said property to its former owners, no matter under what title they may have obtained possession of the same. If, however, those having possession of such property choose to be subjected to the disabilities of a condition inferior to their own, rather than to restore the property, they are hereby notified that they will hereafter be considered members of the profession of those whose property they have acquired, and they are also notified that they will be held strictly accountable for

any balance due from said owners, without being allowed to offer any excuse whatsoever.

Given at Constantinople, on the seventeenth of the Kalends of November, during the Consulate of Victor, 424.

12. The Same Emperor and Csesar to Maximin, Count of the Imperial Largesses.

Children born of the daughter of a dyer of purple, whose father belongs to another condition, are notified that they follow the condition of their mother.

Given on the ninth of the Kalends of- June, during the Consulate of Theodosius, Consul for the eleventh-time, and the Cresar Valentinian, 429.

13. The Emperors Theodosius and Valentinian to Acacius, Count of the Imperial Largesses.

If anyone belonging to the body of superintendents of the gyne-ceums, or to those of the linen weavers, lympharii, masters of the mint, dyers of purple, or any other associations connected with the Imperial Largesses, should hereafter desire to retire from the body to which he belongs, he shall not readily be released and another substituted in his place, but only such persons as you may approve as suitable shall be accepted.

Moreover, he who, through Imperial favor, has been permitted to have his place taken by another, shall entertain no doubt that he and his children, together with all their property, will still remain connected with the body from which they have been permitted to withdraw.

Given at Constantinople, on the seventh of the Kalends of March, during the Consulate of the Emperors Theodosius, Consul for the twelfth time, and Valentinian, Consul for the second time, 426.

14. The Same Emperors.

Those who have been placed in charge of Our private wardrobe and treasury, the chiefs of the weavers and dyers, and all other persons charged with duties of this kind, shall not be permitted to perform them, or to have access to the property of the Imperial Treasury, before furnishing proper security for the administration of their offices; and they are notified that they cannot, hereafter, ask to be excused from furnishing such security.

15. The Same Emperors.

Children, proved to have been descended from a father or mother who are gatherers of the shellfish used for the Imperial purple, must entertain no doubt that they belong to the above-mentioned condition.

Given at Constantinople, on the tenth of the Kalends of April, under the Consulate of Hierius and Ardiburus, 427.

16. This Law is not Authentic.

TITLE Vill.

CONCERNING CLOTHING COMPOSED ENTIRELY OF SILK AND GOLD, AND OP THE DYE OP THE IMPERIAL PURPLE.

1. The Emperors Valentinian and Valens to Archelaus, Count of the Imperial Largesses.

We prohibit men from making or weaving garments composed of silk and gold for private use, as We order that they shall only be made in the gyneceums.

Adopted at Martianopolis, on the fifteenth of the Kalends of August, during the Consulate of our Prince Valentinian and Victor, 369.

2. The Emperors Gratian, Valentinian, and Theodosius to Florus, Praetorian Prefect.

No one shall have clothing woven of wool, linen, and gold, as this is one of the Imperial prerogatives. Anyone who makes use of such forbidden garments, to which he has no right, shall be severely punished.

Given at Constantinople, on the third of the Kalends of April, during the Consulate of Antonius and Syagrius, 382.

3. The Emperors Theodosius, Arcadius, and Honorius.

We do not permit wool to be dyed with any color resembling the Imperial purple, nor do We permit silk to be dyed rose-color, and afterwards with another tint, but there is no reason why white should not be dyed any color whatsoever. Those who violate this law shall suffer the punishment of death.

4. The Emperor Theodosius to Maximin, Count of the Sacred Largesses.

Let all persons of either sex and of every rank, trade, profession, and station, abstain from the possession of clothing expressly reserved for the Emperor and his family, and let no one weave or make silk cloaks and tunics in his own house. Everything dyed with the Imperial purple, without being mixed with any other color, shall be removed from the building where this was done, and all tunics and cloaks which are dyed with the Imperial purple shall be surrendered. No threads dyed with Imperial purple shall hereafter be woven into cloth, and all garments entirely composed of silk shall, in the future, be delivered to Our Treasury; and let no one demand payment for the same, as impunity from violated law will be sufficient compensation.

Again, in order that no one may subsequently incur the penalty of this New Constitution, We decree that he shall be considered guilty of high treason.

Given at Constantinople, on the seventeenth of the Kalends of February, during the Consulate of Victor, 424.

5. The Emperors Theodosius and Valentinian.

We have again, by the provisions of a recent law, forbidden traffic in purple, although it was already prohibited by innumerable constitutions. And We now order that, at a certain time, there shall be sent

to the Phoenician manufacturers the seventh officer of the Bureau of Receipts, the sixth of the Bureau of Imposts, the fifth of the Bureau of Archives, the fourth of the Bureau of the Imperial Wardrobe, and in order that they may not be guilty of fraud, and may exert proper diligence, We decree that they shall be fined twenty pounds of gold if they do not properly discharge the duties required of them.

Given at Constantinople, on the eighth of the Ides of March, during the Consulate of Isidore and Senator, 436.

TITLE IX.

CONCERNING MANUFACTURERS.

1. The Emperors Valentinian, Theodosius, and Arcadius to Tati-anus, Prsetorian Prefect.

We order that all manufacturers shall deliver the articles made by them, and not pay money in their stead, and that the iron furnished shall be of good quality, and readily melted, in order that there may be less opportunity for fraud, and the public welfare be the better

provided for.

Given on the fifteenth of the Kalends of November, during the Consulate of Theodosius, Consul for the second time, and Cynegius, 388.

2. The Emperors to Rufinus, Master of the Offices.

We order that the chief of the manufacturers shall, after the lapse of two years of continuous service, be not only discharged, but also treated with honor; and be included among the protectors of the guild of manufacturers, as well as sent every two years for the purpose of congratulating the Emperor.

Given at Milan, on the eighth of the Ides of March, during the Consulate of Valentinian, Consul for the fourth time, and Neotherius, 393.

3. The Emperors Arcadius and Honorius to Osius, Master of the Offices.

Indelible marks, that is to say, well-known brands, should be placed upon the arms of apprentices to manufacturers, so that in this way they may easily be recognized, if they should attempt to conceal themselves, and that those who are marked in this way, as well as their children, can unquestionably be identified by their guild whenever they surreptitiously, for the purpose of avoiding labor, have succeeded in obtaining admission to membership in any other guild.

Given at Constantinople, on the eighteenth of the Kalends of January, during the Consulate of Honorius, Consul for the fourth time, and Eutychianus, 398.

4. The Emperors Honorius and Theodosius to Anthemius, Prsetorian Prefect.

When anyone desires to be enrolled in the Organization of Manufacturers in the city in which he was born, or in which he has fixed his domicile, after they have been assembled, and before any docu-

ments are drawn up, he must prove that neither his grandfather nor his father was a decurion, and that he owes nothing to the Order of the Decurionate, and is under no liability to any citizen, and, after the proper formalities have been complied with before the Governor of the province, or (if he should be absent) before the defender of the city, the candidate shall be admitted into the association which he has selected.

If, in violation of the provisions of this law, anyone should secretly obtain admission to the guild of manufacturers, he is hereby notified that he shall be returned to the order to which he belongs, and compelled to discharge his duties to his country, and that no privilege of time, or previous service will entitle him to exemption.

Given at Constantinople, on the fifteenth of the Kalends of June, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, 412.

5. The Emperors Theodosius and Valentinian.

It has been provided by law that artisans must confine themselves to their own trades, and, together with their children, remain in the one to which they belong, until their labors are ended by death.

Finally, any offence committed by one renders the entire number responsible, which rule has been established to cause them to be more careful in the selection of their members, and exercise supervision over their acts, since the loss sustained by one is felt by all. Therefore, all of them constitute, as it were, but a single body, and are compelled to answer for the delinquency of one, when circumstances demand it.

6. The Emperors Leo and Anthemius to Eufirmius, Master of the Offices.

We order that those artisans engaged in manufactures for the Emperor, as well as their wives and children, who are also said to be artisans, shall not be required to answer in court, unless before the tribunal of Your Highness, to whose jurisdiction they belong and under whose power they are. Nor shall they, after their term of service has expired, under any circumstances, be liable to civil or curial obligations, or be illegally molested by the illustrious Governors of provinces or their subordinates.

7. The Emperor Anastasius to the Master of the Offices.

No member of the guild of manufacturers shall hereafter lease property, or engage in the management or cultivation of land belonging to another; and any owner who ventures to violate this law by knowingly entrusting his personal effects or land to the administration of artisans shall lose it; and the latter, after having undergone severe punishment and the confiscation of their property, shall be sentenced to perpetual exile.

Every time that it may be necessary to require the transport of arms, Your Highness shall notify the eminent Prefecture, and state

the quantity of arms, and the place from which they are to be transferred, in order that the Prefect may immediately order the illustrious Governor of the province to provide ships or vehicles out of those belonging to the public, for the conveyance of said arms, in accordance with the notice served upon him by Your Highness. If, after notice has thus been given by Your Highness to the Prefecture as aforesaid, delay or negligence on the part of the authorities should occur, and the transport of the arms should, for this reason, be prevented, We order that the accountant at that time in office in the Prefecture shall, with the other officials responsible for the delay, be sentenced to a fine of fifty pounds of gold, and that the said amount of gold shall be paid into the Treasury as soon as it is collected. In addition to this, We subject the illustrious Governor of the province, as well as his subordinates, to a fine of thirty pounds of gold, when, through their connivance, the transport of arms was delayed.

TITLE X.

CONCERNING THE VALUE OP ANCIENT MONEY.

1. The Emperor Constantine.

We order that the solidi coined by former Emperors shall be paid and accepted by purchasers and vendors, and that no dispute shall arise with reference to them, provided they are of the proper weight, and genuine, and all persons are hereby notified that if they violate this law they will be subjected to severe punishment.

2. The Same Emperor.

When the value of a solidus is depreciated, it is necessary for all articles purchased with it to be diminished in the same proportion.

3. The Emperors Gratian, Valentinian, and Theodosii^.

You must notify all persons by the proposed Edict that an uniform value of all bryzat solidi will be established, and that anyone who, through the blindness of avarice, either disobeys Our orders or fraudulently attempts to change the appearance of these coins, will be punished by death.

TITLE XI.

No ONE SHALL BE PERMITTED TO ADORN THE BRIDLES.OR

SADDLES OF THEIR HORSES OR THEIR OWN BELTS WITH

PEARLS, EMERALDS, OR HYACINTHS, AND CONCERNING THE

ARTIFICERS OF THE PALACE.

1. The Emperor Justinian.

No one shall hereafter be permitted to decorate the bridles and saddles of his horses, or his own belts with pearls, emeralds, or hyacinths, or to insert them therein. We, however, permit them to adorn the bridles and saddles of their horses, and their own belts with other

jewels. We order that, hereafter, all jewels of every description shall be removed from cucurnii, and that buckles which are valuable only for the gold of which they are composed, and their workmanship, shall be used on military cloaks.

Moreover, if anyone should violate this law, he is hereby notified that he will immediately be fined fifty pounds of gold. Again, no private person shall be permitted to make anything out of gold and jewels, which is reserved for Imperial use and adornment (with the exception of ornaments usually worn by women, and the rings of both sexes), and no one shall be allowed to manufacture anything of this kind under the color or pretext of making a present of the same to the Emperor, for he does not expect it, nor does the reverence due to royalty require such donations by private individuals.

If anyone should, hereafter, violate any of the provisions of this law, and be so bold as to fabricate any ornaments decorated with gold and jewels which are exclusively destined for the use of the Emperor, with a view to their being offered to him, he is hereby notified that he will be sentenced to pay a fine of a hundred pounds of gold, and also suffer capital punishment.

Imperial ornaments must be made in the palace, by the artificers attached to the same, and not indiscriminately in private residences or workshops. Therefore, We order that this offence shall be punished with exemplary severity, in order that private persons may not rashly venture to make what is solely reserved for the splendor and adornment of the sovereign. If anyone should commit an act in violation of this law, We order that the fine above mentioned shall be collected by the officers of the palace, and paid into the Treasury of the Imperial Largesses.

TITLE XII. CONCERNING MARINES.

1. The Emperors Valentinicm and Valens to Auxonius, Prsetorian Prefect.

We desire the Seleucian fleet, as well as all the others, to be subject to the orders of the office which is dependent upon Your Excellency, so that the number of marines may be made up from the volunteers or supernumeraries of other fleets, and We direct that of Seleucia to be placed .at the disposition of the Count of the East, for the purpose of clearing the seas of pirates, and for any other necessary service.

TITLE XIII. CONCERNING THE DECURIALS OF THE CITY OP ROME.

1. The Emperors Valentinian, Theodosius, and Arcadius to Tri-folius, Prietorian Prefect.

When anyone thinks that a decurial should be deprived of privileges by process of law, he is notified that application must be made to the judge of the curia.

Given at Milan, on the fourteenth of the Kalends of February, during the Consulate of Timasius and Promotus, 389.

2. The Emperors Arcadius, Honorius, and Theodosius to Exuper-antius, Julius and other Decurials.

We, by Our authority, confirm the laws relating to decurials enacted by former Emperors, as well as by Our Divine Father. Therefore, We desire all judges to be informed that no one can, with impunity, attempt to subject a member of this body to any corporeal penalty, or venture to deprive him of any of the privileges which have been legally conferred upon him, for We wish this association to retain all its ancient privileges.

Given at Rome, on the eighth of the Ides of July, during the Consulate of Honorius, Consul for the sixth time, and Aristenetus, 404.

TITLE XIV.

CONCERNING THE PRIVILEGES ENJOYED BY MEMBERS OP CORPORATE BODIES OF THE CITY OF ROME.

1. The Emperors Valentinian, Theodosius, and Arcadius to Alypius, Prefect of the City.

No one shall be permitted, or have the right to impose any new •burden upon the inhabitants of the City of Rome, but, for the honor of the Eternal City, We order that the privileges of the members of its bodies corporate shall remain intact. The members of such bodies of the City of Rome who have established homes in foreign countries, shall be compelled by the Governors of the provinces to return, in order that they may discharge the duties which, from ancient times, have been formally imposed upon them.

TITLE XV. CONCERNING BAKERS.

1. The Emperors Gratian, Valentinian, and Theodosius.

Any slave of the Superintendent of the Public Warehouses, who either through intrigue, favor, the use of money, or by any other means, may hereafter obtain a dignity or an office, shall be deprived of what he acquired in violation of Our order, and, having been fined twenty pounds of gold, shall be returned to the body to which he formerly belonged.

Every special privilege which, under any circumstances, has been obtained contrary to this law, is hereby absolutely annulled.

TITLE XVI.

CONCERNING THE PORK-BUTCHEKS, WINE-MEKCHANTS, AND OTHER CORPORATIONS.

1. The Emperors Valentinian, Theodosius, and Arcadius to Albinus, Prefect of the City.

As dealers in hogs in the Eternal City are engaged in an occupation advantageous to the Roman people, they shall forever be exempt from the performance of ignoble services.

Given at Rome, on the eighth of the Kalends of September, during the Consulate of Timasius and Promotus, 389.

2. The Emperors Arcadius and Honorius.

Any member of the corporation of pork butchers, who appears in court either as plaintiff or defendant, will be subject to the jurisdiction of the Urban Prefect.

Given at Rome, on the eighteenth of the Kalends of February, during the Consulate of Bassus and Philip, 408.

TITLE XVII.

CONCERNING MEMBERS OP CORPORATIONS AND MONEY BROKERS.

1. The Emperors Theodosius and Valentinian to Cyrus, Prefect of the City.

When any persons, under the pretext of being deans or members of corporate bodies, do not discharge the duties of the same, or attempt to evade other obligations, We think that their fraudulent acts should be opposed, lest someone, on the ground of already having one employment, may claim exemption from the burdens of another, and to prevent the functions of bankers or brokers from being avoided by those who have only the titles of members of corporate bodies, or deans. Therefore, if one of such persons should call himself a member of a corporate body, or a dean, while he is only such in name, he is hereby notified that another who is capable of the discharge of the duties aforesaid shall be subrogated, in his place, as in the subrogation of the persons above mentioned, or that of those who are removed by death, dependent always upon the consent of the superior officer of the individual subrogated.

(1) So far as the supernumeraries who are enrolled in such bodies are concerned, none of them can be excused on the ground of patronage, or by virtue of any other privilege, for this is Our decree, and it is the duty of Your Highness and your office to diligently see that it is obeyed. We order that this shall apply equally to all persons, so that no one attached to Our palace, as well as those belonging to the churches, may succeed in being excused on account of any favor or prerogative whatever.

But in order that We may not appear to have promulgated this rule solely with reference to those actually employed, We direct it to

be stated and published that, where any transfer is made from the provinces by means of a petition of the members of a corporation, this shall be done under the terms of a former constitution; that is to say, the rule which was laid down in the first place shall subsequently be observed without any innovation.

TITLE XVIII.

CONCERNING LIBERAL STUDIES IN THE CITIES OP ROME AND CONSTANTINOPLE.

1. The Emperors Theodosius and Valentinian, to the Prefect of the City.

We order that all those who, having illegally assumed the title of professor, are accustomed to teach their pupils, collected together from all parts of the world, and assembled in public places, or in cells, shall not continue to practice this vulgar ostentation; and if anyone should attempt to do so, after We have prohibited and condemned it by the promulgation of the present law, he shall not only be branded with the infamy which he deserves, but shall also be expelled from the city where he unlawfully pursues his calling.

We do not, however, apply this prohibition to such as are accustomed to impart instruction privately, in the homes of their scholars, where they only occupy themselves with the latter, and teach them in their own houses; but where they are among those who have been appointed lecturers of the Capitol, they are hereby notified that they are forbidden, under all circumstances, to give lessons in the homes of their pupils, and they are warned that if they are convicted of having violated this law they will be absolutely deprived of the privileges by virtue of which ;they have been authorized to only impart instruction in the Capitol. Therefore they shall have the special right to give instruction, in the first place, in those branches of knowledge which the teaching of Roman eloquence approves; that is to say, the professors of oratory shall be three in number, and there shall be four professors of grammar, and also among those who are known to excel in serious declamation, five sophists and ten rhetoricians shall be appointed.

But as We do not desire youths only to receive instruction in these arts, We have deemed it proper to associate with the professors above enumerated others of more profound learning and scientific attainments. Hence, We wish one who is competent to explain the secrets of philosophy, and two versed in jurisprudence and the laws to be joined with them.

Your Highness shall see that special places are assigned to each of the above-mentioned instructors, so that neither the scholars nor the teachers may interrupt one another, and no confusion of tongues or of voices may distract the ears or minds of any of them from the study of letters.

Given at Constantinople, on the third of the Kalends of March, during the Consulate of Theodosius, Consul for the eleventh time, and Valentinian, 425.

TITLE XIX.

CONCERNING THE VEHICLES OP PERSONS INVESTED WITH

HONORS.

1. The Emperors Gratian, Valentinian, and Theodosius to Ne-bridius, Prefect of the City.

Persons who have been invested either with civil or military honors shall always be entitled to make use of vehicles suitable to their rank, that is to say, carriages, in this Imperial City.

Given at Constantinople, on the third of the Kalends of February, during the Consulate of Our Prince Honorius, and Evodius, 386.

TITLE XX.

CONCERNING THE PRIVILEGES OF THE CITY OF CONSTANTINOPLE.

1. The Emperor Ronorius and Theodosius.

The City of Constantinople shall not only enjoy the privileges enjoyed by Italy, but also those of ancient Rome.

TITLE XXI. CONCERNING THE METROPOLIS OF BERYTUS.

1. The Emperors Theodosius and Valentinian to Hormisdas, Prss-torian Prefect.

We decree that the City of Berytus, already renowned for its admirable qualities, shall, for good and sufficient reasons, be adorned with the title and dignity of a metropolis, and therefore it is hereby constituted a metropolitan city. Tyre shall lose none of its rights, but shall remain the capital of the province, through the favor granted by Our ancestors. Berytus shall become a metropolis by our own authority, and both cities shall enjoy the same privileges.

TITLE XXII.

CONCERNING THE CONTRIBUTION OF GRAIN MADE TO THE CITY OF ROME.

1. The Emperors Valentinian, Valens, and Gratian to Julianus, Prefect of Subsistence.

Masters of ships must swear before Governors or magistrates that the grain which they have received is of good quality, and the official

before whom this oath is taken must satisfy himself by actual inspection that none of it is spoiled. The Prefect of Subsistence is ordered to see that this is done at the time when the grain is brought to the port of the Imperial City.

Given on the eighteenth of the Kalends of July, during the Consulate of Gratian and Dagalaifus, 366.

2. The Emperors Arcadius and Honorius to the Senate.

Where immunity from the delivery of wheat or barley to the City is granted, it will be void, as rescripts specially issued contrary to the public welfare are of no force or effect.

Given at Milan, on the seventeenth of the Kalends of May, during the Consulate of Csesarius and Atticus, 397.

3. The Same Emperors to Messala, Prsetorian Prefect.

We shall not, hereafter, permit anyone to petition for exemption from sending provisions to the City of Rome, nor shall We suffer any rescripts, which may have been obtained in any way for that purpose, to be considered valid.

We decree that those who violate this law shall be liable to a penalty of double damages, and any vicegerents or other magistrates who may, hereafter, be convicted of the misappropriation of grain destined for the city shall suffer the penalty of deportation, and their principal subordinates be put to death.

Given on the fourth of the Kalends of October, during the Consulate of Theodore, Consul for the fifth time, 399.

TITLE XXIII.

CONCERNING GRAIN DESTINED FOR THE CITY OF CONSTANTINOPLE.

1. The Emperors Honorius and Theodosius to Ursus, Prefect of the City.

No one, not even a member of the Imperial household, shall be furnished with grain from the public warehouses for the purpose ol subsistence; but the entire amount shall be delivered to slaves, and be baked into bread for distribution among the houses. For it is in this way that the privileges granted by the Emperor Constantine ol glorious memory, as well as by My grandfather the Emperor Theodosius, should be observed; for want will increase, if gram given lor the purpose of subsistence is known to have been applied to other uses, and the people will be compelled to purchase for themselves what they otherwise would have been able to sell to others.

Given at Constantinople, on the tenth of the Kalends of August, during the Consulate of Theodore, Consul for the seventh time, and Palladtus, 416.

2. The Emperors Theodosius and Valentinian to Leontius, Prefect of the City.

The sum set apart for the purchase of grain shall remain the same forever, nor shall any Prefect of the City, after his administration is terminated, be permitted to diminish the said sum, or convert it to other uses, but a written statement shall be filed, setting forth the amount furnished bakers, as well as the quantity of bread to be delivered by them without their being subjected to extortion.

We order that anyone who dares to violate this law by fraudulently appropriating any of said grain shall restore double the amount, and any profit which may be obtained by way of interest shall be added to the principal, and be classed as such, to be expended in the purchase of grain. The provisions of this law shall be inscribed upon tables of brass.

Given at Constantinople, on the fifth of the Kalends of December, during the Consulate of Ariobindus and Aspar, 434.

TITLE XXIV. CONCERNING CIVIL CONTRIBUTIONS OF GKAIN.

1. The Emperors Theodosius, Arcadius, and Honorius to Proculus, Prefect of the City.

It is perfectly clear that, by virtue of the privilege granted by the Divine Constantine, contributions of grain for public subsistence should be made, not so much on account of rank, as because of the merits of individuals, and therefore none of such persons shall have the right, as a member of a privileged class, to claim any of such contributions. Where, however, they have been bestowed on account of personal merit, they shall be valid; so that where anyone has transferred the privilege of obtaining subsistence either to his own heirs by right of blood, or to strangers by sale, the transaction shall stand, whether the title is based upon inheritance or alienation.

Given at Constantinople, on the seventh of the Kalends of July, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

2. The Emperor Martian.

We grant, by Our liberality, in addition to the usual allowance, a donation of a hundred and twenty-five measures of wheat out of the grain stored in the public warehouses of this city, for every day of the present sixth indiction, dating from the first of the Kalends of January. And We order that instructions to this effect shall be sent to the Sublime Prefecture of the East, in order that it may be informed of the amount of Our donation and immediately comply with Our commands. We direct this apportionment always to be granted to Our subjects hereafter, and that this law shall be perpetually valid.

TITLE XXV. CONCERNING STURDY BEGGARS.

1. The Emperors Gratian, Valentinian, and Theodosius to Severus, Prefect of the City.

All those who adopt the uncertain calling of public beggars shall be examined and their physical condition and age be ascertained, and if they have been reduced to this state through idleness, and not by disease, those of them who are slaves shall become the property of the person who detected them. Where, however, they are free by birth, they shall be subjected as vassals to whoever has exposed them and proved their imposture. If they are fugitives, or others have advised them to adopt the profession of beggars, the rights of action of their masters shall remain unimpaired.

Given on the twelfth of the Kalends of July, during the Consulate of Antonius and Syagrius, 382.

TITLE XXVI. CONCERNING BOATS PLYING ON THE TIBER.

1. The Emperors Valentinian and Valens to Symmachus, Prefect of the City.

Anyone who is shown to have a vessel for navigation on the Tiber shall be subjected to the burdens imposed by the State. Therefore, any vessel found upon the Tiber will be liable to the proper and ordinary services exacted by the government, and no rank or privilege will avail to obtain exemption from this public requirement.

Given on the eighth of the Ides of October, during the Consulate of the Divine Jovian, and Varronian, 364.

TITLE XXVII.

CONCERNING GRAIN DESTINED FOR THE CITY OF ALEXANDRIA.

1. The Emperors Honorms and Theodosius to Anthemius, Prse-torian Prefect.

In estimating the amount of grain which should be transported to the City of Alexandria, We confirm the provisions made by Your Highness concerning the duties of crithologues and zygostases, and the preservation of the property belonging to masters of vessels. We order that decurions shall be deprived of the opportunity for peculation, and that they shall be excluded from the exercise of these functions, which shall be discharged by officials whose appointment and capacity have been approved by you.

Given at Constantinople, on the fifth of the Kalends of February, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, 412.

2. The Emperors Theodosius and Valentinian to Isidore, Prseto-rian Prefect.

We decree that a hundred and ten measures of grain shall be added to the daily apportionment of the City of Alexandria, and that no one shall be deprived of the amount which he has received up to the present time. We also decree that what has previously been distributed under the name of perissochoregia shall hereafter be designated as alms bestowed in the name of the Emperor.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Isidore and Senator, 436.

TITLE XXVIII. CONCERNING THE PRIMATES OF THE CITY OP ALEXANDRIA.

1. The Emperors Theodosius and Valentinian to Isidore, Praetorian Prefect.

We release the corporate bodies of the City of Alexandria from the duty of taking care of the river, and, in accordance with the tenor of your regulations, decree that four hundred solidi shall be set aside annually for this purpose from the tax imposed upon the said city, which has been collected in different ways from ships plying on the Nile.

Given at Constantinople, on the day before the Nones of July, during the Consulate of Isidore and Senator, 436.

TITLE XXIX. CONCERNING THE RIGHTS OF THE STATE.

1. The Emperor Antoninus to Dionysius.

It has been decided that if any judgment should be rendered against the State, in a case in which no defence was made, and defenders were not, nor should have been appointed, no prejudice will result, so far as any actions to which the State may be entitled are concerned.

2. The Same Emperor to Phorodius and Others.

Inquiry should be made of the judge having jurisdiction whether the State, to whose place you have succeeded, for the reason that you allege that you have satisfied the debt due to it, still retains the right of hypothecation to the land in question. If it did not acquire that right through some special provision made for the purpose, and this was not expressly stated in the obligation, its case should not be distinguished from that of other creditors who have the right of personal action.

3. The Emperor Alexander to Salvinius.

In extraordinary proceedings, it is customary for relief to be granted to the State in the same way as to a female minor.

4. The Emperor Diocletian and Maximian to Urbanus.

If, in conformity to custom, the city you have mentioned sold the land occupied by ruined buildings, the Governor of the province will permit nothing to be done which is contrary to this practice.

TITLE XXX. CONCERNING THE ADMINISTRATION OF PUBLIC AFFAIRS.

1. The Emperor Gordian.

It is perfectly evident that the possessor of land under emphyteusis cannot be deprived of the same without his consent, if the rent is regularly paid at the time when it is due.

2. The Emperors Diocletian and Maximian, and the Csesars.

You are aware that proceedings for the collection of damages should be instituted against those who administer the affairs of the State, and are required by the duties of their office to accept a trust left under a condition, but have failed to discharge their duties in this respect.

TITLE XXXI.

CONCERNING THE SALE OF PROPERTY BELONGING TO THE

STATE.

1. The Emperor Alexander.

If you purchased land sold by the government unconditionally, and the sale has been perfected, you need be under no apprehension that you can be deprived of the ownership of the same by the subsequent offer of a higher price, provided the time designated for such an offer to the Treasury has expired, unless the city in question is, under such circumstances, controlled by a local custom.

2. The Emperors Valerian and Gallienus.

Although a larger sum appears to have been offered as rent for the public land in question, still the lease should not be declared void under the pretext of this increase, especially when you state that a considerable time has elapsed since the contract was made.

3. The Emperor Leo.

Where a house acquired through an inheritance, a legacy, a trust, or a donation, or any supply of grain, or any buildings, or slaves come within the jurisdiction of this renowned Capital, or of any other city of the Empire, it shall be lawful for the municipality entitled to said property to enter into a contract of sale to its own advantage, and the highest price possible having been obtained at said sale, the proceeds shall be expended for the repair or construction of public edifices.

We, intending diligently to provide for the interests of cities, and to prevent persons from doing anything to their disadvantage, and

desiring such sales to proceed without the commission of fraud, corrupt bargaining, or connivance of any description, do hereby decree that if anyone should hereafter sell to this glorious City a house, civil supplies, or any buildings or slaves whatsoever belonging to others, this shall not be done unless by the authority of the Emperor.

Moreover, in the provinces, all, or a majority of the decurions, or of the officials, or the owners of land in the city, to whom the property aforesaid belongs, shall be present; and We order that after the Imperial document authorizing the sale has been produced, each one of them shall give his opinion as to what he thinks to be beneficial to his country, so that, finally, by reading the decree in the presence of the proper authorities, the purchaser may obtain a good title.

We decree that contracts of sale made in this manner, whether they are completed at the time, or are perfected subsequently, shall be valid.

TITLE XXXII.

CONCERNING THE DEBTORS OP CITIES.

1. The Emperor Antoninus.

It has been established by My Constitutions, as well as by those of the Divine Emperors, My predecessors, that a debtor to the government cannot be invested with any official honor before he has discharged his indebtedness.

2. The Emperor Constantine to Verinus.

You should see that the funds of cities are loaned to persons who are solvent, or whose heirs retain the estates of their fathers intact, provided they pay the interest annually at the very time when it is due, as it is advantageous to the State to have debtors who are solvent, and it is beneficial to the latter that the amount of their indebtedness should not be increased. And, for the reason that it is wrong for losses to be sustained by cities, through the alienations of corporate bodies indebted to them, it has been decided that if any debtor of a city should give away, sell, or otherwise dispose of to another any part of the property of which he was possessed at the time when he borrowed the public money, the nature of the property alienated and the entire fortune of the debtor, which he possessed at the time that the money was lent to him, being taken into consideration, the principal and interest of the debt can be collected from him who obtained anything from the estate of the debtor in proportion to what he received.

Therefore, whenever the estate of such a debtor is found to be insolvent, and a claim is held against it by any city, the judge must use all diligence and exert every effort to ascertain to whom the property of the debtor has been transferred, so that each of the parties, after an equitable estimate has been made, can be sued in proportion to the amount of the property of which he has possession, and he will be entitled to a personal action against the debtor aforesaid, who has been released from liability, by the payments which have been made.

The person to whom the greater portion of his property is proved to have been transferred by the debtor will have the right to demand the transfer of the remainder, in order that, by so doing, he may become

solvent.

It is clear that if any debtor to the city should surrender his property to Our Treasury, those who purchase it from the Treasury cannot, in accordance with the ancient law and the Imperial Rescripts and Constitutions, be compelled to suffer any annoyance. But if the debtor should not do this, or if he has squandered all his property, so that no one can have possession of any of it, the loss of the debt must then be sustained by the government; and therefore the authorities of cities should be careful to lend their money to persons who are solvent, or are the owners of rustic estates.

Published on the third of the Kalends of February, during the Consulate of Volusianus and Annianus, 314.

TITLE XXXIII.

CONCERNING THE LIABILITY OP THOSE WHO MAKE APPOINTMENTS.

1. The Emperor Gordian.

Although you did not require those who were appointed magistrates by you and your colleague to furnish sureties, still, if they were solvent at the time when they relinquished the honor of the magistracy, they did not, for that reason, render you liable for any accidental circumstance by which the value of their estates was reduced, as those who could have sued them in the public name, and neglected to do so at the time when they retired from office, must only blame themselves, and make good the loss sustained by the State if it occurred through their fault.

2. The Emperor Philip and the Csesar Philip. If the successor of your successor did not appoint a solvent magistrate in his place, the responsibility for his administration can, by no means, attach to you personally; for one is only compelled to assume responsibility for the successor whom he himself appointed, and the power of the law does not extend to the appointment of one who, in £ his turn, was appointed by another.

TITLE XXXIV.

CONCERNING THE LIABILITY OF THOSE WHO BECOME SURETIES FOR MAGISTRATES.

1. The Emperor Antoninus.

It has been decided by Me, as well as by My Father, the Divine Severus, that the sureties of magistrates are only responsible for the administration of those for whom they become liable, so far as matters

pertaining to the management of their office are concerned, and not for any penalties which they may have incurred through negligence or crime.

TITLE XXXV. IN WHAT ORDER PERSONS MUST BE SUED.

1. The Emperor Antoninus.

Although the care of money belonging to a city may have been committed to two persons, still, each of them is not liable to it merely for the portion which he received, but in full. Moreover, when the State demands indemnity, the property of him who transacted the business shall first be taken, and then (if it is not sufficient to satisfy the claim) recourse must be had to his colleague.

Although you are the heirs of one of the city officials, it is not reasonable that you should be liable where, after the death of your principal, any fraud or negligence has been committed by his colleagues.

2. The Emperor Gordian.

Whenever an official duty is imposed upon two persons, not separately but jointly, and in such a way that each of them is considered responsible in full, recourse cannot, under any law, be had to the person who made the appointment, before the pecuniary resources of both of those who administered the office are formally ascertained to have been exhausted.

Where, however, they were appointed to administer different branches of the same employment, each should be held liable for that part of the office of which he had charge; and the same rule applies to their sureties. But when indemnity cannot be obtained from them, then recourse should be had to him who appointed them, and if he should prove unable to discharge the indebtedness, the Governor will not be ignorant of the fact that each of the officials is liable for the acts of the other.

3. The Same Emperor.

If you have been created duumvirs, under the express condition that you should be equally responsible for one another, there can be no doubt that you are each liable for the other's acts, as it has been established that in case of the appointment of magistrates, recourse should first be had to those who made the appointment. And you understand that this rule must also be observed where We, Ourselves, are personally interested.

4. The Emperors Diocletian and Maximian.

As you allege that you and your colleague, while in office, lent the public money at interest, and some of the claims cannot be collected from certain debtors to the State, and as you are ready to make good the loss growing out of any transaction in which you alone were concerned, the result will be that if the administrations of you and your

colleague were distinct, recourse can be had to the successors of the latter, or to the persons now in possession of his property. And if the State should not be entirely indemnified, those who appointed him can be sued, and finally if anything should remain unpaid by your colleague, you will be responsible for negligence, since it has been decided that those who first made the nomination are liable as sureties.

TITLE XXXVI.

No FREEMAN CAN BE COMPELLED TO PERFORM THE FUNCTIONS OF A MUNICIPAL SERVANT.

1. The Emperors Valerian and Gallienus.

If, as you allege, you obtained your freedom by a decree of the decurionate, you should not be obliged to serve the city against your consent, and the municipal curator will remember this fact, especially as slaves are required to perform this duty.

2. The Emperors Diocletian and Maximian.

If you, being freeborn, should be compelled by the city to discharge the duty of a servant, you can invoke the aid of the Governor and the protection of the law, as far as custom authorizes this to be done.

TITLE XXXVII.

THE EXPENSES OF THE OFFICE TO WHICH THEY HAVE BEEN APPOINTED MUST BE BORNE BY ALL THE INCUMBENTS OF SAID OFFICE.

1. The Emperor Maximian.

As you state that you, with others, have been appointed to administer the office of Superintendent of Couriers, and that you alone have discharged the duties of the same, having been deserted by your colleagues; any expense which you may have incurred should, by a decree of the Governor, be divided proportionately among all who are required to share in the administration of the office. He will not be ignorant of your liability to public censure, if he should ascertain that you, also, have been derelict in the performance of your duty.

TITLE XXXVIII.

CONCERNING THOSE AGAINST WHOM LEGAL PROCEEDINGS

ARE INSTITUTED ON ACCOUNT OF THE OFFICE WHICH

THEY HAVE ADMINISTERED.

1. The Emperor Antoninus.

As the money belonging to the city, which was lent at interest, was not lost through your fault, it is sufficient for you to be responsible for the principal, and not for the interest.

TITLE XXXIX.

CONCERNING THE PAYMENTS AND RELEASES OP DEBTORS TO THE STATE.

1. The Emperor Alexander to the Quatuorvirs and Decurions of the Fabretanians.

Receipts given by public slaves only release debtors from liability when they are countersigned by the treasurer, or are approved by the authority of those having the right to make the collections.

Moreover, he who is said to have made payment, and can produce the receipt of the person to whom the money was given, is only considered to have a good defence, if he is able to show that what he paid was placed in the Treasury of the City. If it should be proved that your curator, assisted by the fraud of the slave, intercepted any money paid by the debtors, the slave shall be compelled to refund the amount lacking out of his own peculium.

TITLE XL. CONCERNING EXHIBITIONS, ACTORS, AND PROCURERS.

1. The Emperor Constantine.

We do not discourage public diversions, but, on the other hand, exhort citizens to re-establish the exhibitions of strength and skill in the arena. And, besides, as officials desire to render themselves popular by considering the tastes and pleasures of the people, We the more readily permit them to do so, provided they bear the expense.

Given on the sixth of the Ides of March, during the Consulate of Valens, Consul for the fifth time, and Valentinian, 376.

2. The Emperors Oration, Valentinian, and Theodosius to Valerian, Prefect of Illyria.

Your Highness should be aware that those persons who occupy themselves in raising disturbances should be subjected to no other punishment but that of engaging in combats in the circus.

Given on the eighth of the Ides of May, during the Consulate of Eucherius and Syagrius, 381.

3. The Same Emperors to Valerian, Prefect of the City.

Anyone who uses for his private profit or convenience the horses which We, Ourselves, or the ordinary consuls, have set apart for the public races, shall be fined one pound of gold.

Given on the eighth of the Kalends of May, during the Consulate of Eucherius and Syagrius, 381.

4. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.

If the portrait of a buffoon in short garments, or one of a charioteer with wrinkled breast, or of a vile actor, should be placed in the

public porticoes, or anywhere in the city in which Our statues are usually erected, it shall immediately be removed; nor shall it, hereafter, ever be lawful for the representations of such degraded persons to be exhibited in respectable places. We do not, however, forbid such pictures to be set up at the entrance of the theatre or circus.

Given at Heraclea, on the third of the Kalends of July, during the Consulate of Arcadius, Consul for the third time, and Honorius, Consul for the second time, 396,

5. The Emperors Honorius and Theodosius to Anthemius, Prsetorian Prefect.

No person in authority shall permit chariot-horses, charioteers, wild animals, actors, or citizens to be conducted from one city to another, or from one province to another, lest, while they are intem-perately soliciting popular applause, they may interfere with the transaction of public business, and interrupt the celebration of public festivals in the towns; and anyone who fails to obey this regulation will be liable to the penalty imposed upon violators of the law.

Given at Constantinople, on the eighth of the Ides of August, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

6. The Emperors Theodosius and Valentinian to Florentius, Prsetorian Prefect.

We do not suffer either fathers or masters who, acting as procurers, impose upon their daughters or female slaves the necessity of prostituting themselves, to enjoy the right of ownership of property, or to claim immunity for such a crime. It is therefore decided that, as the result of Our indignation, they shall not possess any authority over their daughters or slaves, and that nothing can be acquired for them by their instrumentality; and any slaves and daughters, whom poverty has reduced to such an humble condition, shall be permitted to implore the aid of bishops, judges, and defenders of the city, if they desire to do so, in order to be released from the necessity of pursuing this

wretched calling.

If their procurers aforesaid should think that they have the right to compel or require them, against their will, to continue in their disgraceful occupation, they shall not only lose the power which they had over them, but their property shall be confiscated, and they shall be sentenced to the public mines.

This penalty is less severe than that imposed where a woman is forced by a procurer to indulge in promiscuous sexual intercourse without her consent.

Given on the eleventh of the Kalends of May, during the Consulate

of Felix and Taurus, 428.

TITLE XLI. CONCERNING THE EXPENSES OF GAMES.

1. The Emperors Diocletian and Maximian.

As you say that the Governor of the province has applied the funds which were intended for public exhibitions to the repair of the walls of the city, what has been done for the general welfare cannot be revoked by Us, but the regular performances of the arena shall take place in accordance with ancient custom, after the repairs of the walls have been completed. For in this way, by strengthening the walls, provision is made for the defence of the city, and those matters which have reference to the public safety having been accomplished, the games can be celebrated afterwards.

TITLE XLII. CONCERNING AQUEDUCTS.

1. The Emperor Constantine to the Consular, Maximilian.

We desire that the owners of land through which canals pass shall be exempt from extraordinary charges, in order that their labors may keep the aqueduct clear of filth of every description, and no other requirement shall be imposed on the possessors of said land to prevent them from occupying themselves with other matters, and taking care to keep the channels of the aqueduct in good condition. If they should fail to do this, they shall be punished with the loss of their property, for the Treasury will obtain the land of him through whose negligence the aqueduct became obstructed.

Moreover, all such persons are hereby notified to plant trees at intervals of fifteen feet on both sides of the aqueduct traversing their premises; and it shall be the duty of the judge to see that these trees are cut down, if at any time they should sprout, to prevent their roots from injuring the aqueduct.

Given on the fifteenth of the Kalends of June, during the Consulate of Gallicanus and Symmachus, 330.

2. The Emperors Valentinian, Theodosius, and Arcadius to Pan-cratius, Prefect of the City.

If anyone should hereafter be so insolent as to attempt to interfere with the convenience of this Most Flourishing City, "by conducting water on his own land from a public aqueduct, he is hereby notified that the said land will be confiscated, and added to Our private domain.

Given at Constantinople, on the eighth of . . . , during the Consulate of Timasius and Promotus, 389.

3. The Same Emperors to Albinus, Prefect of the City of Rome.

We order that those to whom a supply of water has been either formerly or recently granted by Our indulgence shall obtain the same from the reservoir, or from the springs themselves, and that they shall

not take it from the principal canals, so as to divert their course, or diminish the amount; nor shall they draw it from the aqueduct itself.

If anyone should do otherwise, he shall not only forfeit the privilege which he formerly enjoyed, but shall be severely punished, according to his personal status.

Given at Rome, on the fifth of the Kalends of September, during the Consulate of Timasius and Promotus, 389.

4. The Emperors Arcadius and Honorius to Astorius, Count of the

East.

We decree that the use of water, based upon ancient and well-established ownership, shall continue to be enjoyed by citizens entitled to the same, and that they shall not be disturbed by any innovation; provided, however, that each one takes the same amount of water which he was allowed in former times, and that he takes it in the same way. Those who, by the use of secret canals, abuse their privilege for the purpose of irrigating their fields, or adding to the attractions of their gardens, shall be punished.

Given on the Kalends of November, during the Consulate of Cse-

sarius and Atticus, 397.

5. The Emperors Theodosius and Valentinian.

If anyone, through the generosity of the Emperor, should obtain the right to use water, he must have the written authority to do so registered, not by the illustrious Governor of the province, but by Your Excellency, and anyone who attempts to have it registered by the Governor shall be punished with a fine of fifty pounds of gold, and the same penalty shall be imposed upon this official, if he accepts a rescript conferring such a privilege, when it has been surreptitiously obtained. The subordinates of the said Governor shall also be subjected to punishment by Your Highness. In addition to this, You must determine the quantity of water, both hot and cold, which should be devoted to the service of the public baths, in proportion to the number of citizens who use them, as well as the amount of superfluous water to which those persons to whom We have granted the privilege shall be entitled.

6. The Same Emperors.

Every servitude permitting water to be drawn from the aqueduct of Hadrian, whether for domestic use, for the irrigation of land, for country villas, or for baths, either by virtue of an Imperial Rescript, or secured by usurpation, is hereby absolutely abolished; for We prefer that the aforesaid aqueduct should be used to provide water for the public, hot and cold baths, and for Our palace.

We decree that this law shall, by all means, be observed hereafter, and that permission shall be granted to no one, in answer to a petition, to take water from the said aqueduct, nor shall anyone venture to pierce it for that purpose. All persons who, for any reason whatsoever, may think that they are entitled to this privilege (or any official who dares to grant it, or even receive a petition for that purpose), are hereby notified that they will be fined a hundred pounds of gold for the

benefit of the Treasury. We order that no trees shall be planted within ten feet of a public aqueduct, but that, on each side of the same, the space of ten feet shall remain unoccupied and unobstructed.

Moreover, We decree that the same rule shall be observed with reference to the leaden pipes which conduct water to the hot baths, called by the name of Achilles, which We have learned that Your Highness has erected; for We desire that the above-mentioned pipes shall only be used for providing the hot and cold baths with water, which is the purpose for which you intended them.

Your Highness must also give authority to your subordinates to exercise supervision over houses, suburban villas, and baths, without running any risk, in order to prevent deception from being practiced, or suppression, or any other illegal act from being committed by anyone against the public welfare, so far as the use of water is concerned.

7. The Same Emperors.

All taxes on ladders which can be collected, as well as those paid by the laborers called zizaceni, shall be employed for the repair of the aqueducts of this Renowned City. It should also be observed that none of those who have the right to use the water shall be subjected to any expense for repairs, as it would be abominable for the inhabitants of this Beautiful City to be compelled to purchase water.

8. The Emperor Zeno.

We order, by this law, that if any Urban Prefect should convert to other purposes money provided for the construction or maintenance of aqueducts, he shall be compelled to refund the amount out of his own property to be used for the said aqueducts.

A separate treasurer shall be appointed to receive the money provided by the illustrious Consuls, which has been donated by their liberality, or has been, or may hereafter, be obtained from other sources to insure a supply of water for the public.

9. The Same Emperor to Poratias.

We decree that careful investigation shall be made of fountains which were originally public, as well as those which, derived from private sources, have afterwards become public and then been converted to the use of private individuals, as well as of such as have been surreptitiously obtained by Imperial Rescripts; and, by all means, where a privilege of this kind is known to have been secured unlawfully, and not under the pretext of Imperial sanction, so that its rights may be restored to the Capital, and what was once public shall not become private, but shall be devoted to the use of the entire community.

Imperial Rescripts or pragmatic sanctions which have been obtained by any persons, contrary to the welfare of the City, should be declared illegal and void; nor can any prescription of long time be advanced for the purpose of curtailing the rights of the City.

10. The Same Emperor to Pentius.

We decree that nothing shall be done by anyone, no matter what his rank, for the purpose of interfering with the smaller aqueducts, or

the public fountains which flow into them. Whoever, either secretly or openly, relying upon his authority, diverts any of the water from the said branches of the aqueduct or fountains, or clandestinely takes water from the public aqueducts, shall be compelled to make complete restitution of the same.

We also order that hereafter no trees whatever shall be planted near the said aqueducts, in order that the walls of the latter may not be ruined by their roots. The prohibition is known to have been established by the ancient constitutions, and all persons are notified that, hereafter, any villa, field, bath, mill, or garden in which public water is used, or in or about which trees have been planted by the owner thereof which may injure the aqueduct, will subject the man or the building to proscription, and his property shall be confiscated to the Treasury. This penalty shall not be revoked even by an Imperial Rescript.

Again, We decree that all inspectors and guardians of water, who are styled hydrophylacs, who are appointed to have supervision of the aqueducts of this Imperial City, shall bear Our name stamped upon their hands for the purpose of identification, so that by this means they may be known to all, and not be called upon to perform other services, either by the Stewards of Our Household, or by anyone else, and be employed as couriers, or discharge various public duties.

When any of said water-inspectors dies, We order that whoever is summoned to take his place shall be designated with the same mark, so that, being thus associated in a common service, they must exercise constant vigilance for the preservation of the water, and not occupy themselves with other matters.

11. The Emperor Justinian to Servus, Prsetorian Prefect.

We order, by this law, that the Divine Constitution promulgated by the Emperor Theodosius, of illustrious memory, with reference to those who wish to obtain the right to take water from the public fountains, shall be confirmed, so that no one, either in this Most Holy City, or in the provinces, shall be permitted to draw water from any public aqueduct or fountain without a special permit issued by the Emperor in the usual manner, and duly recorded, either by Your Highness, or by other officials having authority to do so.

Those who violate this law, or permit it to be done, shall not only be condemned to pay a fine of ten pounds of gold, but shall also be severely punished.

TITLE XLIII. CONCERNING GLADIATORS.

1. The Emperor Constantine to Maximus, Praetorian Prefect. Sanguinary exhibitions are not proper in the midst of civil tranquillity and domestic peace, for which reason We absolutely prohibit gladiatorial contests.1

1 The gladiatorial combats of Rome, bloody and brutal though they were, constituted the favorite amusement of both the nobles and the populace, a conclusive

Published at Berytus, on the Kalends of October, during the Consulate of Paulinus and Julian, 325.

TITLE XLIV. CONCERNING THE CHASE OF WILD BEASTS.

1. The Emperors Honorius and Theodosius to Maurianus, Count of the Domestics.

We grant permission to everyone to kill lions, and no one shall have any fear of prosecution on this account. Moreover, We order that wild beasts which are sent by the dukes of frontiers to Us cannot, while on the way, be kept in any city longer than seven days. The violators of this law shall pay a fine of five pounds of gold to the Treasury.

proof of national decadence and degeneracy. A tendency to reversion to the primal state of savagery is indicated by the fact that these contests owed their origin to the human sacrifices which, among the barbarous tribes of Europe, once formed part of the obsequies of distinguished persons. Early known to, and practiced by the Greeks, this custom was transmitted by the Etrurians, from whom the Romans, in their turn, derived it. The celebration of the rite, which subsequently became a pastime, was supposed to propitiate the Manes, departed spirits and tutelary deities of families, whose thirst for blood was one of their most prominent attributes. So important was its observance considered that wealthy persons often bequeathed large sums of money to be expended for this purpose.

These games were, at first, under the charge of the Eediles, but, afterwards, special officials were designated to provide for and superintend their presentation, which, having developed from a private ceremony into a public and official function, was then transferred from the vicinity of the funeral pyre to the Forum and the amphitheatre. On grand occasions, and when the number of combatants was unusually large, the Circus Maximus, with its seating capacity of three hundred and eighty-five thousand, was the scene of this thrilling but repulsive spectacle. By means of it, personal popularity and political preferment were eagerly sought by both demagogues and statesmen, who combined the expectation of future, selfish advantage with the present, pious discharge of filial or paternal duty. Csesar, on his accession to the office of curule ajdile, in honor of the memory of his father, exhibited three hundred and twenty pairs of gladiators clad in magnificent armor embossed and inlaid with gold. Augustus, in his will, declared that he had caused ten thousand to fight during his reign; Trajan, however, exhausted the same number of contestants for life and death in the short space of twenty-three days.

There were no less than fifteen different classes of gladiators, who were distinguished by their weapons, armor, dress, equipment, nationality, and mode of battle. Regular schools were established for their instruction; their teachers, or lanistse, directed their operations in the arena; they were solemnly sworn "to be burned, conquered, scourged, put to death by the sword, or whatever the master, to whom we, as regular gladiators, devote ourselves body and soul, may command."

Gladiators were, at first, solely composed of captives, slaves, and condemned criminals. They constituted a distinct caste, and their antecedents caused them to be regarded with contempt even by the lower orders of the populace. Their fine physique, feats of strength, skill, and daring, nevertheless, acquired for them the covert, or even open admiration of the gentler sex, accustomed to the scenes of blood and horror inseparable from the exercise of their profession. The susceptible Roman damsels, ardent worshippers of force like all their sisters, in the decadent days of the Empire lavished gifts and caresses upon these social outcasts, to whose barbarous origin and former crimes they were willingly blind. To them

Given on the thirteenth of the Kalends of June, during the Consulate of Constantius and Constans; and also at Constantinople, on the fifth of the Kalends of October, during the Consulate of Our Lord Honorius, Consul for the eleventh time, and Constantius, Consul for the second time, 417.

TITLE XLV. CONCERNING THE MAY FESTIVAL.

1. The Emperors Arcadius and Honorius to Csesarius, Prsetorian

Prefect.

We have decided that the May Festival shall be re-established for the benefit of the people of the provinces, provided that decency be observed, and modesty and chastity be maintained.1

the successful gladiator was "Suspirium" or "Decus puellamm;" "Him whom girls sigh for," or "admire;" and his intrigues with high-born maidens were the scandal of a capital already infamous for its monstrous and unbridled profligacy.

While participants in contests in the arena were looked upon with disdain by respectable Romans, this was not the case in early Greece, where men of the highest rank measured their strength and prowess against one another in the Olympic Games. This deep-rooted prejudice was subsequently, to a certain extent removed, and under the Empire it was not unusual for senators, as well as members of the equestrian order, voluntarily to take part in these combats, to which no magistrate or tribunal had authority to sentence them by way of penalty. The better class of citizens, however, considered this practice as deplorable and disgraceful. "Feminarum in lustrium senatorumque plures per arenam fcedati sunt." (Tacitus, Annales XV, 32.)

As disclosed by the famous Roman historian, certain women—who in our age would be referred to as "champions of advanced ideas"—did not hesitate to don the martial panoply of battle, and temporarily unsex themselves in their eagerness for excitement and notoriety. Their efforts to this end, while not encouraged, do not seem to have been disapproved by the officials in charge of the public games. In common with the male competitors for popular applause, they were compelled to obey the commands of the lanista, or gladiatorial trainer. "Nan dum valida ac juvenilia membra Sufficiunt galese, dumque ardent sanguine, fertur, Non cogente quidem, sed non prohibento tribuno, Scripturus leges et regis verba lanistse,"

(Juvenal, Satires XI, 8.)

Although, at the instigation of the Christian clergy, many attempts were made by Constantine and some of his successors to suppress gladiatorial exhibitions by means of laws, edicts, and proclamations, still their hold on popular favor was so powerful as to render these efforts fruitless, and it was not until the reign of Justinian that they were actually and permanently abolished throughout the Roman world.—ED.

1 The celebration of the day sacred to Maia, the mother of Mercury, and Flora, the goddess of flowers, associated largely with sex worship and the annual regeneration of Nature, one of the most beautiful and attractive festivals of antiquity, survived for many centuries in the holiday observance of the first of May in Europe, whose erotic and Priapic character is disclosed by the erection of the lofty pole garlanded with flowers—a purely phallic symbol—around which village maidens in their best attire danced the livelong day, profoundly ignorant of the origin or signification of the object in whose honor their charms and graces were dis-. played, and which was the silent and unappreciative recipient of their devoted homage.—ED.

Given at Constantinople, on the seventh of the Kalends of May, during the Consulate of Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 196.

TITLE XLVI.

THE USE OF ARMS WITHOUT THE KNOWLEDGE OF THE EMPEROR Is FORBIDDEN.

1. The Emperors Valentinian and Valens to Buleforus, Consular of Campania.

No one shall, hereafter, without Our knowledge and consent, have the right to bear arms of any description whatever.

Given on the third of the Nones of October, during the Consulate of the Divine Jovian and Varronian, 364.

TITLE XLVII.

CONCERNING FARMERS, TENANTS OF LAND REGISTERED ON THE CENSUS,1 AND SERFS.

1. The Emperor Constantine.

Farmers engaged in sowing seed or gathering their crops shall not be subjected to extraordinary civil burdens, in order that proper time may be given them for performing their necessary labors.

2. The Emperor Constantine to Dulcitius, Consular of Emilia.

When anyone wishes to sell or donate land, he cannot retain for himself the serfs attached to it, nor can he by any private agreement transfer them elsewhere. For those who think that serfs are an advantage should either keep them on the land, or relinquish them to those to whom it has been sold, if they themselves do not expect to obtain any benefit for the land alone.

Given at Milan, on the third of the Kalends of May, during the Consulate of Constantius, Consul for the ninth time, and Julianus, Consul for the second time, 357.

3. The Emperor Valentinian and Valens to Faventius, Vicegerent of Italy.

Anyone who, through Our liberality, obtains vagrant slaves from deserted lands will, on this account, be liable to the Treasury for the annual payment of the same amount of rent which the Treasury formerly received from the land to which the slaves were recently attached.

1 These were possessors of land under a tenure in some respects similar to that of copyhold at Common Law, known to the Saxons as Bockland (or "Book-land"), which was called "base" by the old English jurists on account of its being held subject to the performance of villein services. (Vide Bracton, De Legibus et Consuetudinibus Anglix II, Vill, 26; Fleta, Commentarius Juris Anglicani I, 8; Britton, De Juribus Anglicanis 165; Littleton, Tenures X; Coke, Institutes I, 58a.)—ED.

We desire that this rule shall also apply to those who have permitted slaves of this kind to settle on their own land.

Given at Milan, on the day before the Kalends of August, during the Consulate of Valentinian and Valens, 365.

4. The Same Emperors to Modestus.

Owners of land are notified that either they or their agents will be compelled to pay the tribute originally imposed upon the serfs, in the places from which they came. We decree that those shall be excepted from this rule who are the owners of land, no matter what may be its value, and who have been registered in their own names as owners in the office of the census; for it is proper that they themselves should pay the tribute in grain to the regular collector, in proportion to the amount of their possessions.

Given at Constantinople, on the Kalends of May, during the Consulate of Gratian and Dagalaifus, 366.

5. The Same Emperors to Orients.

The owners of land shall only exact from their serfs what it pro-. duces, and they must not collect their rent in money, which rustics need not pay unless the custom of the country requires it.

6. The Same Emperors and Gratian to Germanus.

The Governors of provinces shall compel all fugitive serfs, whether attached to the glebe or not, as well as tenants without distinction of sex, occupation, or status, to return to the land where they are registered, and have been born and reared.

7. The Same Emperors to Maximus.

Just as it is not lawful for serfs attached to the soil to be sold separately, so rustic slaves and registered serfs shall, by no means, be disposed of in this way. Nor can anyone fraudulently evade this law (which has often been done in the past with respect to serfs attached to the glebe) by conveying a small portion of the land to the purchaser, and transferring therewith all the slaves belonging to the entire tract; but where all the land, or a certain part of the same is sold to anyone, the same proportion of slaves and serfs shall pass with it, and the corresponding number of the same shall either be delivered or remain with the former owners or possessors. If the purchaser should disobey this law, he must consider the price which he paid as lost, and the vendor shall, nevertheless, have a right to recover the slaves with any offspring they may have.

If the vendor should, for any reason, decline to take advantage of this provision, and die without having done so, We grant the right of recovery to his heirs against those of the purchaser, without permitting prescription for long time to be pleaded, for no one can entertain any doubt that he is a possessor in bad faith who has bought anything contrary to the provisions of the laws.

8. The Same Emperors to Probus.

All fugitive serfs who conceal themselves upon the land of another shall be recovered, together with the tribute which they owe, that is to say, if those in whose possession the slaves are found know that they were fugitives, and belonged to someone else, and were used for his own benefit, in other words, if they cultivated land the crops of which were to be given to the owners, or any other services were exacted of them, and they did not obtain any compensation for their labor, the tribute imposed upon them and which was lost by the Government shall be collected from the proprietor of the land.

Where, however, the fugitives concealed the fact that they were of servile condition, and represented themselves to be free when they applied to another person, and cultivated land for the purpose of giving only a portion of the crops to the owner of the same, reserving the remainder for their own peculium, or if they received a fixed salary for the performance of certain services, any tribute which may be due to the government shall be collected from the fugitives themselves; for it is clear that a private contract was made. But when any debtors are found among these fugitives (as is usually the case where men of this kind are engaged in commercial transactions), the judge shall compel what is due to be paid by those who are liable to the creditors entitled to the same.

9. The Same Emperors to the People.

Exemptions which have been specially granted, that is to say, of both land and personal taxes accorded by the municipal magistrates or Governors of provinces, are hereby annulled, and those who enjoy them shall be returned to their former condition.

Given at Milan, on the third of the Nones of March, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.

10. The Same Emperors to Cynegius, Prsetorian Prefect.

Formerly the rule with reference to the poll-tax was that it should be imposed upon every man, and every two women; it shall now be imposed upon every two or three men, or every four women. Therefore, Your Highness will order the amounts of this tax as above indicated to be justly and properly inscribed on the public registers, in the country of the Comanenses, in that of the Ariatensians and Second Armenia, in the country of the Amasenes, in Helenopontus, in the country of the Diocaesareans, and in Second Cappadocia.

11. The Emperors Arcadius and Honorius.

We decree that original serfs shall be exempt through no privilege, dignity, or authority, but that all the rights which have been at any time obtained by them through favor shall be abrogated, and that they shall be restored to their owner, or to the land to which they were attached.

12. The Same Emperors to Florentinus.

We desire that slaves, tributary serfs, or tenants shall remain with their masters, for as all of them are apprehensive of punishment, a slave would have no desire to flee, if he did not know with whom he could take refuge. For no slave would abandon his master if he was not aware where he could conceal himself, and every person should receive only those strangers whom he is convinced are freeborn, and he should, through dread of becoming amenable to the laws, decline to entertain anyone who merely asserts that he is free. Therefore, if one of the above-mentioned fugitives should be found, he who is harboring him shall pay twelve pounds of gold to Our Treasury; and We order that he must not only return the fugitive to his master, but also give him another slave of the same value, in addition.

13. The Same Emperors to Vicentius.

We decree that, so far as the origin of tenants and serfs is concerned, they shall be considered as of the same condition, even though their names may differ; and any children born to them shall follow the condition of their father.

(1) The following rule must also be observed. Where a man is the owner of two tracts of land, one of which has more serfs than are required for its cultivation, he can transfer those which are not needed to the tract which is deficient; and if the said tracts should be conveyed to different persons, the transfer of the serfs above mentioned shall stand, but the owner of the land from whom they were taken must restore their relatives to them.

14. The Same Emperors to Vicemtius.

If serfs that are held by anyone in good faith flee and take refuge with others, and then attempt to deny their status, they must first be returned to the possessor in good faith, and then the case of their birth and ownership can be determined.

15. The Emperors Honorius and Theodosius.

No collector of debts owing to the Treasury shall ever, in the name of their masters, molest serfs who are indebted to it, for the reason that We declare that serfs are so absolutely attached to the glebe that they should not be removed therefrom for a single instant of time.

16. The Same Emperors to Palladius.

Where a woman, who is shown to be a serf by birth, marries a freeman in any city or place whatsoever, it has been decided by the ancient laws that all her offspring will follow her condition.

17. The Same Emperors to John.

It is declared by jurisconsults that nothing which can, in any way, prejudice the title of the land to which a serf is attached, shall be done by him without the knowledge or consent of the owner.

18. This Law is Not Authentic.

19. The Emperor Valentinian.

We do not, under any circumstances, permit serfs to be admitted into the army, nor do We grant them the privilege of serving as aids to commanders, because, in this instance, We take into consideration not only the rights of their masters, but also the honor of the public service.

20. The Emperor Justinian to Demosthenes, Praetorian Prefect.

With a view to accelerating the progress of litigation, We order that when serfs, of any class whatsoever, dispute the title of their master to the land which they cultivate, and We are in doubt on the point whether the master is the owner of the land or not, or whether the serfs themselves are entitled to the ownership of the same, it is hereby decreed in such cases that the serfs must furnish sufficient security before their claims can be heard, except where their masters are unable to defend themselves by prescription of long time, and the sureties furnished must guarantee that if the masters gain the case, they will pay what is due to them.

A surety of this kind shall only be accepted for the term of three years, and, at the expiration of that time, he must be replaced by another, and, in the meanwhile, the serfs shall, under no circumstances, be annoyed by their masters on account of any quitrent to which the latter may be entitled.

(1) Where, however, the serfs are either unwilling or unable to do this, then the annual quitrent shall be exacted by the judge, at the usual time when it was paid to the owners, and it shall either be deposited in a church or with the magistrate of the city within whose jurisdiction the land is situated; or, if the local church is not suitable for the deposit of the money, it shall with every necessary precaution be placed in the metropolitan church, and after the decision has been rendered, it must either be paid to the owners of the land, or refunded to the serfs.

(2) Moreover, when the quitrent does not consist of money, but is either wholly or in part paid by the delivery of a certain portion of the crops, the latter must be sold by the court, and the proceeds of the same deposited in the manner aforesaid.

(3) The above-mentioned provisions have reference to quitrent paid to the owners of land, and We must now pass to the duties required by the State.

If the serfs themselves were in the habit of paying what was due to the Treasury in a certain way, they shall continue to do so, without prejudice to the owners of the land, who have no right to interfere with the discharge of the indebtedness to the State, so long as the serfs remain quiet, and offer no opposition. Where, however, it was the custom for the owners of the land to receive the entire amount, and pay a portion of it to the Treasury, retaining the remainder for themselves in satisfaction of their quitrent, then, if a surety is fur-

nished by the serfs, he must guarantee the payment, not only of the ouitrent to the owner, but also the tax due to the State, in order that the obligations of the owners to the Treasury may be discharged. No prejudice shall, on this account, result to the serfs, for the owners must remain content with the security furnished with reference to the ouitrent to which they are entitled.

(4) Where, however, no security was furnished, but the property has been sequestered and the money deposited, the judge shall take from the amount sufficient for the payment of what is due to the Treasury, and the owner shall be given receipts, just as if he himself had paid it, while the remainder due for quitrent must be deposited in a safe place, until the termination of the lawsuit.

No prejudice shall result either to the serfs or their masters (because of any security of this kind) from the sequestration of the property, or the payment of the sum due to the Treasury, but everything shall remain in suspense until a decision has been rendered by the court disposing of the entire affair, clearing up the whole controversy, and showing who was the owner of the land, and to whom the receipts for what was due to the Treasury shall hereafter be given, and to whom the quitrent shall be paid or belong.

Read seven times in the New Consistory of the Palace of Justinian.

Given . . . ,. during the Consulate of Decius, 529.

21. The Same Emperor to the Senate.

In order that it may no longer be doubted what is the status of a child born to a female serf and a freeman, or to a female serf and a slave, or to a male serf and a female slave, or whether the condition of the serf or a slave is rendered worse, We order that what has been provided by former laws with reference to children of this kind, who are the issue of female serfs and freemen, shall remain unaltered; and therefore any issue of serfs shall follow the condition of their mother.

If, however, a child should be born to a male slave and a female serf, or to a female slave and a male serf, it shall follow the condition of its mother, whether she was a slave or a serf, which rule has hitherto only been observed with respect to free persons and slaves. For does any difference exist between slaves and serfs, both being under the control of their masters, as a slave can be manumitted with his peculium, and a serf be released from ownership along with the land to which he is attached ?

22. The Same Emperor to Julianus, Praetorian Prefect.

As we are aware that our laws do not allow the rights of any one to be prejudiced on account of his condition, either from his admissions, or because of any written document, unless additional evidence is produced, We order that an admission alone, or any private written paper shall not be sufficient to decide whether or not a man is a serf, but that some other instrument in writing, either taken from the public records or derived from some other source recognized by law, must be offered for the purpose of confirming a document of this kind. For, in the

settlement of such controversies, it is better for the condition of anyone to be established by different proofs, and that men who, perhaps, are free, may not be reduced to servitude, merely by admissions, or by the production of private papers.

If, however, the writing should be confirmed by a subsequent admission, or a deposition (made voluntarily, and without the employment of force, or as the result of necessity), or if an instrument having reference to his status, or any other public document, which had been recorded, should be produced in which the party in question wrote, stated, and deposed that he was a serf, then the result of all these combined proofs, that is to say, of the writing, the admission, and the deposition, would be that the person who wrote and made the solemn declaration aforesaid was what he represented himself to be.

(1) Again, a doubt, which is not unreasonable, formerly arose, where the son of a serf had remained at liberty free for the term of thirty or forty years, or even longer, while his father was still living, and cultivating the soil, and the owner of the land, for the reason that he was satisfied with the services of his father, did not require the presence of the son on his premises, whether, after the death of the father or after he had become infirm, and incapable of agricultural toil, his son could be excused on the ground of his long-continued freedom; and, because for many years he had neither cultivated the soil, nor performed any other of the labors of a serf, his master could only blame his own neglect, as every duty which he required was performed by his father.

In all cases of this kind, it seems to Us to be very harsh that the rights of the master should be prejudiced by the absence of his serfs, who, having been born on the land and afterwards being absent, cultivated it by means of either their fathers, their brothers, or other relatives ; for as a portion of his body remained upon the land in the form of his relatives, he should not be considered either to have been absent, to have been on a journey, or to have possessed his freedom. The rights of the owner shall therefore remain unimpaired, and so long as the ascendants, descendants, or collaterals of the serf shall remain on the land, he himself shall be considered to be there.

23. The Same to John, Prsetorian Prefect.

As it would be extremely unjust for land, which was in the beginning provided with serfs, afterwards to be deprived of its members, as it were, and serfs residing on the lands of others to cause serious loss to the owners of the land, We decree that, as in the case of decurions, no one is released from his obligations by lapse of time, so those belonging to the condition of serfdom cannot be liberated by the passage of years; nor can anyone of this class claim his freedom on account of any protracted negotiation, but he shall always remain a serf, and be attached to the glebe; and if he should lie concealed, or attempt to withdraw from the soil, he shall, like a fugitive slave, be understood to have stolen himself by long-continued treachery, and shall remain in this class, together with all his offspring (if he should have begotten

any upon the land of another), and shall be liable to the payment of quitrent, from which he cannot be released by any act of generosity

whatsoever.

(1) Since the Anastasian Law provides that the children of anyone who has been attached to land as a serf for thirty years shall remain there, and not have the power to migrate elsewhere, the question arose '.whether the children of either sex—even though they may not have remained for the term of thirty years on the land or in the village— should be considered serfs, or whether only their father, who had belonged to this class, should, for that time, be designated as such, We hereby order that the children of serfs shall, in accordance with the terms of the above-mentioned law, remain forever free, and cannot be reduced to an inferior condition; still, they shall not have permission to leave the land and migrate elsewhere, but must always remain attached to the soil which their fathers have cultivated.

Moreover, the owners of the land to which such serfs are attached must be careful not to annoy them in any way, nor inflict any violence on them; but if this should be proved to have been done, and a decision rendered by a judge to that effect, the Governor of the province in which the act was perpetrated shall see that the injury is atoned for (if any took place), and the ancient custom with reference to the quit-rent is observed; and permission shall be granted to the serfs to leave the places where they reside.

We decree that this rule shall apply not only to serfs themselves, but also to their children of both sexes and of all ages, so that any who have been born upon the land may remain there subject to the same regulations and conditions under which We have prescribed that their parents should reside upon land owned by others.

(2) Again, no one shall be permitted knowingly and deliberately to harbor on his own premises any serf or dependent attached to the land of another. Where, however, he has received him in good faith, and afterwards ascertains that someone else is entitled to his services, or is notified of this fact by the owner of the land, or the master of the serf, either in person or by his agent, he must restore the serf with all his peculium, and his offspring. If he should fail to do this, he shall be compelled to settle all claims due to the Treasury, whether derived from the land, or payable annually, for which the serf was liable during the time he remained with him. This shall be accomplished by the care and diligence of the prefect and the Governor of the province, by whom punishment shall be inflicted, and restitution shall be made in accordance with the ancient constitutions.

24. The Same Emperor to John, Prsetoricm Prefect. We decree that, when male serfs marry free women, no matter with what intention or by what contrivance, either with or without the knowledge of their masters, the women as well as any children who are known to have been born from such a marriage shall retain their freedom. It should, however, undoubtedly be observed that where a child ig'born to a free husband and a wife who is a serf, it will follow

the servile condition of the mother, and will not enjoy the freedom of its father.

And, in order that serfs may not think that an attempt of this kind will go unpunished (which is greatly to be feared), and that the condition of men of this kind may not decrease little by little on account of their marriages with free women, We decree that if any such act should be perpetrated by a male serf, his master shall himself have full authority to punish him by the imposition of a moderate penalty (or the Governor of the province can do so), and separate him from the woman. If he should neglect to do this, he can only blame his own negligence for any loss which he may sustain.

TITLE XLVIII.

CONCERNING THE EXEMPTION OF CITIZENS FEOM THE CAPITATION TAX.

1. The Emperors Constantine to Eusebius, Governor of Lycia and Pamphilia.

The people of the City of Rome (as is also the case in the provinces of the East) shall not be subjected to the imposition of a poll-tax, but are by this law entitled to exemption from the same.

Given on the Kalends of June, during the third Consulate of Constantine and Licinius, 313.

TITLE XLIX.

IN WHAT CASES REGISTERED SERFS CAN ACCUSE THEIR

MASTERS.

1. The Emperor Constantine.

Any serf, from whom more is exacted by his master than was required of him in former times, and he was previously accustomed to pay, should appear before a judge as soon as he can obtain access to him and prove the offence, so that he who is convicted of having demanded more than he was in the habit of receiving may be prohibited from doing so hereafter, having first restored what he is known to have extorted by this illegal demand.

2. The Emperors Arcadius and Honorius.

Serfs inscribed upon the register of the census are not subject to the same tributes as those whose names are not enrolled thereon, but as they who are compelled to make annual payments as the result of their condition are, to a certain extent, in a state of servitude, it would be intolerable for them to be permitted to institute legal proceedings against persons by whom there is no doubt that they can be sold along with the land to which they are attached. We shall hereafter deprive them of permission to do this, for no serf must dare to bring his mas-

ter, to whom he and all his property are known to belong, into court, for it has frequently been decided that a serf cannot, without the knowledge of his master, sell, or alienate in any other way, the land to which he is attached, just as he whom the laws do not permit to have any property of his own, and who is not authorized to acquire or transfer it, and whom the laws only permit to obtain and hold property for the benefit of his master, cannot appear against the latter in court. Hence We exclude persons of this kind from appearing against their masters or patrons in all civil proceedings, except in cases of extortion, in which former Emperors have granted this privilege, and We also deny them the right to prosecute the latter criminally by accusations of a public character, except where some injury has been committed against them or their relatives.

TITLE L. CONCERNING THE SERFS OF PALESTINE.

1. The Emperors Valentinian and Valens.

As the law promulgated by Our predecessors prescribes that serfs shall remain in the condition in which they were born in all the other provinces subject to Our Empire, so, in order that they may not be able to depart from those places which they are engaged in cultivating, or abandon the soil which should always be tilled by them, and as this does not apply to the owners of land in the Province of Palestine, We now decree that no serf of Palestine shall have the right to wander about, and boast that he is free, but shall, as in other provinces, be subject to the proprietor of the land, so that he cannot depart therefrom without being liable to punishment; and it is also added that full authority to claim him is hereby granted to the said proprietor.

TITLE LI. CONCERNING THE SERFS OF THRACE.

1. The Emperors Arcadius and Honorius.

The poll-tax is hereby forever abolished throughout the entire Province of Thrace, and only the land tax shall be paid. And, in order that permission may not appear to have been granted to serfs liable to tribute, to withdraw and wander wherever they please, they themselves shall be retained in their original condition; and, even though they may appear to be freeborn, they shall still be considered to be attached to the land where they originated; nor shall they have the power to go wherever they choose, or to change their residence, but the owners of the land shall exercise over them the rights and care of patrons and the authority of masters.

Moreover, if anyone should think he has the right to harbor or retain a serf, he shall be compelled to pay two pounds of gold to him whose land the fugitive serf abandoned, and he shall also surrender the latter, together with all his peculium and his children.

TITLE LII.

CONCERNING THE SERFS OF ILLYRIA.

1. The Emperors Valentinian, Theodosius, and Arcadius.

We decree that the vassals and tenants of both Illyria and the neighboring countries shall not have permission to abandon the land to which it is certain that they are attached by origin and birth, but shall continue to cultivate it, not on the condition of paying tribute, but under the name and appellation of serfs; so that if they desert it and go elsewhere, after having been brought back they can be placed in chains, and subjected to other punishment. The penalties denounced against those who receive the serfs of others, even if they are not known to be such, shall be enforced, and shall consist of indemnity for the services which were lost, and the injury sustained by the place which they abandoned, as well as of a fine, the amount of which We leave to the discretion of the court; so that the owner of the land on which the serf is shown to have been employed may be compelled to suffer punishment in proportion to the nature of the offence; nor shall there be any ground for ignorance, as the mere fact that he kept possession of a serf who was unknown to him will, of itself, be sufficient to establish the offence.

Again, if anyone should receive a slave in any of the countries above mentioned, he shall not be allowed to excuse himself through ignorance, but will be liable to a penalty of fourfold damages; and, in addition, must make good the losses sustained by the owner of the slave.

We decree that the same rule that We have prescribed concerning emancipated serfs * shall be observed with reference to freedmen who are harbored in this way.

1 The Romans divided tenants, in general, into two classes: inquilini, or lessee of houses, and coloni, or lessees of land. The first of these terms was, for the most part, applied to persons who rented property in towns or cities.

The primary and usual signification of colonus was serf, otherwise designated servus terras, or adscriptus glebss (one who is attached to the glebe). The colonus occupied an anomalous position in the eye of the law. He was nominally free, enjoying the right to marry and make other valid contracts, was subject to taxation, and could do many other things forbidden to a slave. Still his liberty was far from absolute, as he was obliged to remain on the land where he was born, and not only was he prohibited from leasing it, but his master could not dispose of him separately, or even manumit him. He was, therefore, as his name implies, practically a part of the soil upon which he performed his daily toil. His children were also hereditary bondmen, and the offspring of a female serf, like that of a slave, in accordance with the maxim "Partus sequitur ventrem," followed the condition of the mother.

While the colonus could own personal property, he could not alienate it without his master's consent.

He did not necessarily owe his status to the accident of birth. He might voluntarily acquire it by announcing his intention before a competent tribunal, and contracting marriage with a female of the class in which he desired to be enrolled. The same rule was applicable to women. When once assumed, however, the acquired status of the individual could 'never be renounced or abandoned.

TITLE LIII.

No ONE SHALL EXTEND PROTECTION TO PEASANTS OR SUPPORT THEM IN ANY CHANGES WHICH THEY MAY

MAKE.

1. The Emperor Leo to Eryfh/rius, Praetorian Prefect.

If anyone, after the publication of this law, should, for the purpose of defrauding the State out of any tax or obligation which is due, claim the protection of a person of rank, whatever has been enacted on this

It was often found to be a convenient and profitable manner of permanently disposing of able-bodied mendicants and impostors, by the authorities, to arrest and turn them over to some land proprietor as coloni, and thus, from being a burden, they became a benefit to the community.

The method of leasing to coloni was similar to that employed at the present day. Rent could be made payable in cash, or by giving a share of the crop; and when discharged by the delivery of farm products, the tenant was styled colonus partiarius. The nature of the compensation was, however, entirely regulated by the agreement made between the contracting parties.

It was an ancient rule of law that where a man who was actually free cultivated land as a serf for the term of thirty years, the title to it became vested in him without any qualification whatever. Such tenants were known as coloni liberi. The privilege of thus obtaining liberty and property simultaneously by usucaption was rescinded by Justinian. The condition of colonus, originally an incident of conquest, and universally imposed upon the provinces of the Empire, survived for many centuries in Eastern Europe, and "has only within a comparatively recent

period been abolished.

The Saxon ceorl (or churl) was the prototype of the villain of the English .law. The social position upon which his integrity (or lack of it) was presumed to depend was so lightly considered that the oath of a thegn, or lord, was judicially declared to be equal to that of six villeins, or ceorls. "Thaini jusjurandum contravalet jusjurandum sex villanorum." (Ancient Laws and Institutes of England; Leges Regis Henrici Primi LXIV, 2.) The wer-gild, or fixed sum which a homicide was compelled to pay to the family of his victim, in Northumberland, was, in the case of an ealdorman—that is a general, noble, or royal councillor— thirty times greater than that which could be demanded by the relatives of a ceorl. • The status of the latter, who, like the Roman colonus liber us, was nominally free, was, nevertheless, a most onerous and degraded one.

The churl is thus defined by an old English legal writer:

"Ceorle (that is of the Carle or Churle) and Husbandman. The Ancients

called him in Latin Villanus, not as we ordinarily take it for a Bondman, but

, for him that dwelling in a Village or Country Town, lived by the Country course

of Husbandry.

"Such were the Ceorls among the Saxons; but of two sorts, one that hired the Lord's Out Land or Tenementary Land (called also the Polcland) like our Farmers; the other that tilled and manured his Inland or Demeans (yielding Operam not Censum, Work and not Rent), and were thereupon called his Socmen or Ploughmen. These, no doubt, were oftentimes his very Bondmen.

"The first sort, who having ordinarily no Lands of their own, lived upon the Outlands before mentioned of their Lord the Thane, as customary Tenants at his Will (after the usual manner of that time), rendring into him a certain portion of Victuals, and things necessary for Hospitality. This Rent or Retribution they called Feorme, but the word in the Saxon signifieth Meat or Victuals; and tho' we have ever since Henry IPs time chang'd this reservation of Victuals into Mony, yet in letting our Lands, we still retain the name of Fearms and Fearmers

unto this day.

"But this Service was no Bondage. For the Ceorl or Husbandman might as well leave this Land at his Will, as the Lord might put him from it at his Will:

subject, either under the pretext of a donation, a sale, a lease, or any other contract, shall be void; and all notaries who dare to draw up such instruments shall be punished by the confiscation of their property ; provided they acted knowingly, and the estates or lands of those who have appealed to the protection of the said powerful person shall be confiscated.

Moreover, all those who, contrary to the public welfare, have been convicted of having extended their patronage to persons intending to defraud the Treasury, if they are of noble rank, shall be condemned to pay a fine of a hundred pounds of gold; and if they are of moderate fortune, shall be punished by the loss of all their property; and those also who, by their wicked arts, have dishonorably encouraged these nefarious acts, shall suffer the same penalty.

We order that this law shall be valid and enforced from the time fixed by the constitution promulgated by the Emperor Martian, of Divine Memory; that is to say, in the province of Thrace, for thirty years from the Consulate of ^tius, Consul for the second time, and Sigisbuldus; and in the East and the Provinces of Egypt, Pontus, and Asia, for twenty-six years, that is to say from the Consulate of Cyrus.

and therefore it was provided by the Laws of Ina in what manner he should leave the Land when he departed from it to another Place. And the Writ of Waste in Pitz-Herbert seemeth to shew that they might depart if they were not then well used.

"It is apparent also that the Ceorl was of free Condition, for that his Person was valued as a Member of the Common-Wealth in the Laws of ^thelstan and his least valuation is there reckoned to be 200, whereas the Bondman was not valued at all, for that he was not (as I said) any part of the Commonwealth, but of his Master's Substance; nor was he capable of any Public Office. But the Ceorl (tho7 he had no Land) might rise to be the Leader of his Country-men, and to use the Armour of a Thane or Knight, viz. an Helmet, and Habergeon, and a gilt Sword. And if his Wealth so increased as that he became owner of five Hides of Land, the valuation of his Person (which they call'd his Were or Weregild) was increased to two thousand thrimsas, that is six thousand shillings, and being then also adorned with other marks of Dignity, he was counted for a Thane." (Spelman, English Works II, Pages 14, 15.)

Early English authorities practically place villeins in the category of slaves, their condition being due to their birth. "Sunt autem nativi a prima nativitate sua, quemadmodmn si quis fuerit procreatus ex nativo & nativa, ille quidem nati-vus nascitur. Idem est si ex patre libera & matre nativa." (Glanvil, Tractatus De Legibus et Consuetudinibus Angliss V, 6.) When a freeman married a woman born in villeinage, he "lost his law," and himself became a villein. The issue of two villeins of different sexes, belonging to different lords, was divided equally between the latter.

Coke describes villeinage as follows: "Villenagium is the service of a bondman. And yet a freeman may doe the service of him that is bond." (Institutes I, II, 116a.) Those subject to this tenure were of two kinds, villeins in gross, who were attached to the person of their lord, and could be sold or donated by him; and villeins regardant, who were attached to the soil. The condition of the villein was one of abject submission to his lord. He was substantially a mere chattel, like the horse and ox with which he toiled. He could hold no property of any description, not even conditionally or precariously, in which he was inferior in privileges to the Roman slave. The degrading menial services to which he was liable were defined only by the caprice of his lord. The latter could inflict severe corporeal punishment upon him, but had no right to maim, or kill him. Unlike

2. The Emperor Justinian.

We decree that when the tributary of anyone marries a woman who is the tributary of another, or, on the other hand, when some one's female slave marries the slave of another, the children of the tributary, as well as those of the slave, will follow the fortune of their mothers, and will belong to the owners of the latter.

TITLE LIV.

PEASANTS SHALL NOT BE SUBJECTED TO ANY NEW OBLIGATIONS.

1. The Emperors Diocletian and Maximian, and the Caesars.

No peasant, residing outside the walls of a town, who pays his poll-tax or contributes his amount of grain, shall be subjected to any other obligations by the Receiver of Our Treasury, nor shall he be compelled to furnish mules or horses for the public service.

the colonus, the villein could be voluntarily manumitted by whoever was entitled to his services. Freedom thus obtained was, as with the colonus under other circumstances, qualified, and only applicable to cases in which the interests of the lord and his successors were involved. Hence, if a villein, who had been liberated, appeared in court against a stranger, he could not, even if he had been knighted, proceed, if his birth in villeinage was established by his adversary. When a lord sued his villein or seduced his wife, either of these acts, ipso facto, immediately caused his emancipation. Residence for a year and a day in a town enjoying franchise either by prescription or charter, enabling him to be admitted into the community as a citizen, also released him from the obligations of villeinage. (Vide Glanvil, Ibid., V, 5.)

According to the old English law, there were two methods by which a person could be subjected to the obligations of villeinage.

"Also, every villein is either a villeine by title of prescription, to wit, that See and his ancestors have been villeines time out of mind of man; or he is a villeine by his owne confession in a court of record.

"But if a freeman hath divers issues, and afterwards he confesseth himselfe to be a villaine to another in a court of record; yet those issues which he hath before the confession are free, but the issues which he shall have after the confession shall be villaines." (Littleton, Tenures II, II, Secs. 175, 176.)

This confession is interpreted by Coke to mean that a freeman could not, as under the Civil Law, voluntarily adopt the status and incident disabilities of a serf; and that it merely meant that he publicly acknowledged that he was born in that condition, and therefore had hitherto, occupied a position in society to which he was not entitled. (Coke, Institutes III, II, 117b.) If this be the case, it seems extraordinary that his children, born while he was in reality a serf, should become free; while their father, whose status always legally remained the same, despite the pretended character which he had wrongfully assumed, was reduced to bondage.

The requirements of serfdom, during the Middle Ages, were far more exacting and oppressive in France than in England. The tyranny of the nobles was exercised, almost without restraint, upon the unhappy dependent, whose birth rendered him a slave in all but name. The odious privilege known as the Jus primse noctis, or "Droit de prelibation," attaching to many fiefs, including those held by the clergy, by which the bride of a serf was at the discretion of her lord immediately after the marriage ceremony, and which was unknown in England, was one of the most reprehensible but popular of the seigniorial rights enjoyed by the privileged classes of the kingdom, which were swept away by the Revolution.—ED.

2. The Emperors Valentinian and Valens to Probus, Prsetorian Prefect of Ittyria.

Any of those belonging to the retinue of Governors of provinces, who hold the first rank in different offices, and, under the pretext of public duty, have the power to commit extortion and impose upon any peasant who is required to render them services, just as if he was their own slave, or deprive him of his slaves or his cattle, for the purpose of converting them to their own use, shall, having been deprived of all their property, be sentenced to perpetual exile, and any peasant who voluntarily assists in the perpetration of such acts shall be punished with equal severity.

Given at Agrippina, on the day before the Kalends of October, during the Consulate of Valentinian and Valens, 365.

TITLE LV.

THE RESIDENTS OF A MOTHER-VILLAGE ARE NOT PERMITTED TO TRANSFER THEIR LANDS TO STRANGERS.

1. The Emperors Leo and Anthemius to Nicostratus, Praetorian Prefect.

Through motives of humanity, We deem it necessary for the following provision to be added to those previously enacted with reference to what are called "mother-villages," to prevent the owner of land from transferring the same to a stranger, under any circumstances. Hence, if anyone should desire to alienate land which belongs to him, he shall not be permitted, under the terms of any contract whatsoever, to convey the ownership and possession of said land to anyone except a registered inhabitant of the same village, and all strangers are hereby notified that if they attempt to conclude, or obtain possession of property by means of a transaction of this kind, in violation of what is forbidden by law, every such agreement entered into will be of no force or effect, and if it has been completed, and the property delivered, the latter shall merely be returned.

TITLE LVI.

No RESIDENT OF A VILLAGE SHALL BE LIABLE FOR THE DEBTS OF OTHER RESIDENTS OF THE SAME VILLAGE.

1. The Emperor Zeno.

It is not only a serious offence in law, but it is also contrary to the principles of natural equity that persons should be molested on account of the debts of others, and therefore, We forbid injustice of this kind to be perpetrated against the inhabitants of villages under any circumstances.

TITLE LVII.

CONCERNING TAXES, TAX GATHERERS, APPRAISERS, AND INSPECTORS.

1. The Emperor Constantine to the People.

As the receivers of taxes in cities, acting in collusion with powerful persons, are in the habit of transferring the greater part of the burden of taxation to persons of inferior rank, everyone who is able to prove that he has been imposed upon in this way shall only be required to pay the amount originally allotted to him.

Given at Rome, on the fifteenth of the Kalends of February, during the Consulate of Constantine, Consul for the third time, and Licinius, 313.

2. The Emperors Gratian, Valentinian, and Theodosius to Eutro-pius, Prsetorian Prefect.

Anyone who cuts down his vines, or removes the buds from his fruit trees, for the purpose of avoiding the payment of taxes, and fraudulently represents himself to be poor, shall be subject to the penalty of the law as soon as he is detected. But as you are found to have done this without fraudulent intent, and not for the purpose of causing sterility or the failure of the fruit crop, but in order to increase production, you will incur no criminal responsibility.

Given at Constantinople, on the day before the Nones of June, during the Consulate of Eucherius and Syagrius, 381.

3. The Same Emperors to Cynegius, Prsetorian Prefect.

If anyone should make complaint of having been imposed upon, and an appraiser should be despatched for the purpose of investigation, and the tributary should then remove his agent, or eject his tenant, under the pretext of his obstinacy, he shall, by Our authority, be compelled to pay the amount of the tax fixed by the appraiser, during his own absence, or that of his agent.

Given at Constantinople, on the sixth of the Kalends of April, during the Consulate of Our Prince Honorius and Evodius, 386.

4. The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prsetorian Prefect.

All land shall be inscribed upon the rolls of the Census, and whenever relief is demanded, the amount of tax assessed upon sterile and barren soil shall be made up by a levy upon that which is cultivated and productive.

Given at Constantinople, on the third of the Nones of April, during the Consulate of Theodosius, Consul for the third time, and Abundan-tius, 393.

5. The Same Emperors to Rufinus, Prsetorian Prefect. Those who complain of having been imposed upon by appraisers, and allege that they have been subjected to unjust burdens, have the

right to accuse them, if any indulgence was granted to others, or any property was fraudulently misappropriated, and shall be entitled to relief, where they can prove that they have been treated with injustice, or that a criminal transaction has taken place, for the purpose of favoring others.

This, however, should be done within a year after the record was made, by which it appears that an inequitable burden was imposed, and, during the same time an accusation must be brought against the appraiser, and the fact that he has favored another in consideration of having been paid must be established, so that he may be held responsible for the amount of the excess which he fraudulently misappropriated from the contribution due to the State.

This action shall not be barred by lapse of time, except in the case of minors who are undefended. Those who were absent on public business, but who acted within the time prescribed by law, shall, for this reason, have power to apply to the courts for relief.

Given at Constantinople, on the third of the Kalends of December, during the Consulate of Our Lord the Emperor Theodosius, Consul for the third time, and Abundantius, 393.

6. The Emperors Arcadius and Honorius to Eusebius, Praetorian Prefect.

When appraisers and examiners are found guilty of negligence, or of illegally favoring anyone, they shall not only be subjected to the loss of their property, but shall also be forced to pay a fine equal to four times the amount of their salaries. Those who are convicted of having accepted anything to the prejudice of the people of the provinces shall be compelled to pay fourfold damages.

Gfoen at Milan, on the fourth of the Kalends of April, during the Consulate of Arcadius and Honorius, Consuls for the third time, 396.

7. The Emperors Honorius and Theodosius to Sebastian, Count of the First Rank.

Where abandoned land has been transferred by an appraiser to anyone, the latter shall retain possession of the same without being disturbed. Moreover, We do not permit the Treasury to molest the new owner, on account of any previous contributions which remain unpaid, as one should not be responsible for the fault of another. If, however, any private individual should allege that land abandoned up to the present time is encumbered in his favor, or that he is entitled to it for some other reason, he must prove his allegations v/ithout delay, either in person, or through someone else authorized by law to do so, in order that, if his claim is an equitable one, the property may be transferred to him, and he who received it from the appraiser shall be reimbursed for the expenses incurred in the improvement of the property.

But, to prevent donations, once made, from being interfered with by means of litigation, We decree that the term of six months shall be established, within which time he who thinks that he has a good

title to the property must institute the proper proceedings to recover it. When, however, the term above designated is permitted to expire, We are unwilling for any attempt to be made for its recovery. If anyone should, either in his own proper person, or by his representatives, neglect to take this step, when the appraiser adjudges him the land, and the six months should elapse, he shall not be able to do so at any

time thereafter.

\ Given at Ravenna, on the day before the Ides of March, during the Consulate of Honorius, Consul for the eleventh time, and Constantius, Consul for the second time, 417.

TITLE LVIII.

CONCERNING ABANDONED LANDS AND WHEN SUCH AS

ARE BARREN ARE CONSIDERED TO BE ATTACHED TO THOSE

THAT ARE FERTILE.

1. The Emperor Constantine.

As Our relative, the Divine Aurelian, ordered the decurionates of cities to be responsible for the taxes due on abandoned lands, as well as on those whose owners cannot be found, so We decree that, after the first three years of possession, they shall be exempt from all enforced contributions.

We decree that this law shall be observed, and if it should be established that the said decurionates are not able to pay the taxes assessed on said lands, the latter shall be divided among the citizens.

2. The Same Emperor.

When anyone buys land from a tenant holding under emphyteusis, or having a private right to the same through inheritance, upon which other real property is dependent, and the strength of the latter having become undermined, it falls into decay, any burdens attaching to the ownership of the said land which was useless while in the hands of the person who abandoned it must be borne by the purchaser.

Given at Thessalonica, on the eighth of the Ides of December, during the Consulate of Felicianus and Titian, 337.

3. The Emperors Valentinian and Valens.

Anyone who obtains deserted land under a grant of immunity from taxation for a certain time shall not be placed in possession of the same before sureties, who are solvent, have been furnished at the risk of the decurions, or he has hypothecated lands of his own which should be of good quality, and thereby have given sufficient security that the land acquired by him will not be abandoned with any detriment to the public welfare.

4. The Same Emperors and Gratian to Crescentius. Testamentary heirs are also obliged to sustain fiscal burdens imposed upon unproductive land belonging to the estate, or if they think

that they should reject the estate, they must restore to it everything which they have received therefrom, by any right or title whatsoever. Given on the fourth of the Ides of July, during the Consulate of Gratian, Consul for the second time, and Probus, 337.

5. The Emperors Valentinian and Theodosius.

Persons who have acquired productive lands from the State shall also receive other lands which have been abandoned, and if they should consider themselves aggrieved by the addition of lands which they formerly abandoned through disgust, they must transfer them to other decurions, who will hold them under the condition of paying the taxes assessed upon both, for it would be unjust for the choice land to be retained by a few persons, and the decurionate to be oppressed with the burden imposed by the remainder.

6. The Same Emperors.

Where a lessee is in possession of a fertile tract of land, which has been acquired from the public domain, or from some temple, an unproductive tract shall be united with it. When, however, the lessor refuses to accept it, another possessor must be sought for on the same terms, and if a voluntary lessor cannot be found, then the land shall revert to the ancient possessors, that is to say, the decurions, or any others whomsoever, with the addition of the barren land as above mentioned, after solvent sureties have been furnished.

Given at Constantinople, on the fifteenth of the Kalends of February, during the Consulate of Merobaudus and Saturninus, 383.

7. The Same Emperor.

Anyone who cultivates an abandoned tract of land belonging to Our private domain, and renders it fertile and valuable shall, in accordance with the rule established in such cases, become the private owner of the same forever, and shall hold it as his own property, just as if he had acquired it by inheritance from his ancestors, and shall have the right to bequeath it to his descendants; nor can anyone, by the production of a rescript, or of any other Imperial written instrument, exclude him from the enjoyment of the fruits of the labor which he has performed.

Moreover, We order that those who are in possession of rich and fertile lands, or even think that they are now entitled to any such, shall be liable for all taxes due at the time on lands which have been abandoned. Those, likewise, who hold lands which are neither fertile nor altogether sterile, under the tenure of emphyteusis, as in the case of those who are also in need of relief, must remember that after the term of two years has expired they shall, in conformity with the ordinary rule, be liable for the regular taxes which may be due.

No one, no matter what his rank or power may be, shall be released from the obligation of receiving as his own lands which have been abandoned, and which formed part of Our patrimony, and he must pay the tributes and tax imposed upon them.

It should also be specially observed that the adjoining owners will primarily be liable for this payment, and if the said lands do not join, and are not in the same neighborhood, those farther away will be responsible. The appointment should be made in such a way as to be based upon propinquity, or regulated by the intervening space, and in such a way as to be in conformity with justice and moderation, so that what is for the profit of all may be effected by universal consent.

8. The Emperors Valentinian, Theodosius, and Arcadius to Tatian, Praetorian Prefect.

Where anyone desires to cultivate fields abandoned by their owner, -whether they are situated at a distance, or are adjacent to his own premises, and whether they belong to private individuals, or are part of the public domain, he is hereby notified that he has Our authority to do so; provided, however, that if the new cultivator establishes himself on the vacant or abandoned land, and the former owner wishes to assert his right to the same within the term of two years, he shall have the right to do so, after having, in the first place, reimbursed the recent occupant for any expenses which he may have incurred. If, however, the said term of two years has expired, he who remained silent during the time shall have no right to either the possession, or ownership.

9. The Same Emperors and Uonorius.

All those, without exception, who hold under a lease lands belonging to Our private domain, are hereby informed that they are required to accept lands of inferior fertility along with those which are productive, and they must not refuse to hold them, or, if they reject fields which are sterile, they must surrender those which are fertile.

10. The Emperors Arcadius and Honorius to Eutychianus, Pr&-torian Prefect.

Persons who have received rich and fruitful lands from the State shall be compelled to accept, along with them, a proportionate amount of sterile and unproductive soil.

Given at Constantinople, on the Nones of March, during the Consulate of Honorius, Consul for the fourth time, and Eutychianus, 398.

11. The Same Emperors to Hadrian.

The owners of abandoned lands shall be summoned by public proclamation to return, resume possession of the same within the term of six months, and pay any taxes which may be due. If, however, they show by their absence that the land did not produce crops sufficient to pay the tribute, and they refuse to return, the land shall be transferred to those who are willing to accept it, and who promise that they will certainly pay the tribute in arrears. They shall then obtain undisputed ownership of the said land, and are notified that, if afterwards they discharge the indebtedness they will be subjected to no annoyance, and will not, through the intrigues of anyone whomsoever, be deprived of the land which they occupy. We also enjoin upon them

the payment of tribute from the time when they first acquired possession of the land in question.

12. The Emperors Honorius and Theodosius to Seleucus, Prsetorian Prefect.

We order, by this law, that no possessor of land which is profitable shall be rendered liable for debts due from other persons whose land is unproductive, and that fertile lands shall not be considered as united with others which are sterile, unless it is shown that they belong to the same person; and this rule is established to prevent any extortion from being committed under any pretext or fiction.

Given at Ravenna, on the day before the Kalends of February, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the fifth time, 412.

13. The Same Emperors.

The managers and the owners of land are warned that if, through their fault, the tribute due on account of said land is not paid, it will be absolutely necessary for the ownership of the same to be transferred.

14. The Same Emperors.

Lands which decurionates have, under some contract, which has been duly registered with the Governor of the province, either abandoned or conveyed to others, shall remain permanently in the possession of those who cultivated them, and pay the tribute due to the Treasury, and the decurionates shall not have the power to reclaim them.

15. The Same Emperors to Sebastianus.

Where anyone has legally received, from the proper authority, any deserted lands, taxes upon which were levied for the benefit of the navy, and which have remained abandoned up to this time, it is proper that they should be improved in every respect, and that the naval assessment should not be imposed upon them except when other financial burdens have been suspended.

16. The Same Emperors to Hermogenes.

When anyone, by the authority of the Emperor, receives unproductive lands forming part of the Imperial domain, under the agreement to pay a certain tax, We desire him to retain undisputed possession of the same in consideration of his paying annually the amount which the Emperor has declared must be paid; and We decree that the said land shall hereafter not be subjected to any new tax, additional burden, or imposition whatsoever, as it would be absurd for persons, at Our request, to improve unproductive lands which demand the exertion of great labor, or the expenditure of entire fortunes to complete said improvements, so that being deceived, and compelled to assume an unexpected burden, they may allege that they have been, as it were, defrauded; and that if they had known that the lands had been

transferred to them under such conditions, they would have refused to accept them, or even to engage in their cultivation.

17. The Emperor Valentinian.

We order that no decurion shall be responsible for any taxes due from the lands of others, but shall only be obliged to pay what is assessed upon his own property.

Given at Ravenna, on the fifth of the Kalends of May, after the Consulate of Felix and Taurus, 429.

TITLE LIX.

CONCERNING LANDS AND THEIR BOUNDARIES, MARSHES, PASTURES, FRONTIER MILITARY STATIONS, AND THE GARRISONS OF FORTRESSES.

1. The Emperors Valentinian, Valens, and Gratian to Licinius, Prsetorian Prefect.

Tiberianus designated certain lands whose owners were charged with the transportation of grain to the frontiers after having carefully weighed the ability of the latter to discharge this duty, hence We, by this general law, do order that the regulations of Tiberianus shall be observed, hereby annulling every exemption which may have been obtained through the influence of anyone, or by means of some petition furtively presented for that purpose; and, in addition, We decree that, for the future, no one shall be permitted to evade this ancient custom, ,or refuse obedience to the present law, or request that it may not be enforced.

2. The Emperors Honorius and Theodosius.

The possessor of lands attached to fortresses must surrender and abandon them, for the reason that only those to whom they have been assigned are entitled to hold lands attached to fortresses, unless some ancient custom is applicable to them.

If any private individual, who is not a soldier of the garrison of a fortress, should hereafter be found in possession of such lands, he shall be punished with death and the confiscation of his property.

3. The Emperors Theodosius and Valentinian.

Where soldiers have been accustomed to take care of, and plow lands on the frontiers, together with the marshes in the neighborhood, for their own benefit, under some ancient law, free from all public burdens, and when the said lands are, at present, in cultivation, they shall be held by said soldiers without question as to their title, and free from the imposition of any tax; and if such lands are in the possession of Others, they can not be acquired by the latter through lapse of time, and can be recovered from all those who hold them; and We desire them to be transferred to the said soldiers without being liable to any enforced contribution, as was prescribed by an ancient law.

The penalty of confiscation shall be inflicted upon those who violate the present rule, for when anyone by purchase holds possession of property like that above mentioned (which he should, by no means, venture to do), he will unquestionably have a right of action against the vendor.

TITLE LX. CONCERNING PUBLIC AND PRIVATE PASTURES.

1. The Emperors Valentinian, Theodosius, and Arcadius.

As there is no reason why the rent of pastures belonging to Our private domain should be increased, this must not be done according to the pleasure of decurions, for We have learned that higher rent has been collected by them, and that they have also excluded animals belonging to Our private domain from said pastures. The Emperor Julian, of Divine Memory, forbade this by a decree which he promulgated, and therefore, Your Excellency having summoned the Governors of provinces, will inform them that this liberty which the municipalities have assumed cannot be tolerated, but that the same custom which was established in ancient times shall continue to prevail.

2. The Emperors Arcadia and Honorius.

Your Excellency must see that animals belonging to soldiers are excluded from all public fields and pleasure grounds, and forbid them to be pastured there, and all persons, including your subordinate officials, are notified that if anyone should, hereafter, make use of the above-mentioned fields for this purpose, he shall be compelled to pay twelve pounds of gold to the Treasury, and the same penalty shall be imposed if the fields belonging either to private individuals, or to the citizens of Antioch, are trespassed upon in this manner.

Decurions must, however, provide for the maintenance of animals belonging to the soldiers, without causing any injury to the inhabitants of the provinces.

3. The Emperors Honorius and Theodosius to All Counts and Generals.

Lands belonging to the inhabitants of Our provinces, as well as those of Our private domain, must not be injured or interfered with by soldiers, and therefore, by the present law, which has been promulgated to the Prefecture for execution, We decree that this abuse shall not occur hereafter. Your Highness will not delay to see that all necessary measures are taken, in this instance, for the enforcement of the laws, and you must not permit the owners or tenants of land to be annoyed by any acts of soldiers whatsoever.

Given on the Nones of September, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, Consul for the sixth time, 415.

TITLE LXI.

CONCERNING LANDS AND FORESTS BELONGING TO THE EMPEROR, AND EMPHYTEUTICAL CONTRACTS AND LESSEES UNDER THE SAME.

1. The Emperor Constantine to Cypitus.

If anyone should, without judicial authority, alienate lands held under emphyteusis, the alienation shall stand, provided the person who received them is compelled to pay the rent due to the Treasury at the specified times.

Published on the seventeenth of the Kalends of July, during the Consulate of Constantine, Consul for the fourth time, and Licinius, Consul for the third time, 315.

2. The Same Emperor to Dracontius.

We order that the failure to pay rent due for land belonging to the domain of the Emperor, within the time prescribed, whether the payment is to be in money or grain, shall not prejudice the ownership of minors, nor shall they sustain any injury if what is due should be paid a little later, provided the judge compels the guardian or curator, through whose negligence payment was deferred, to make good the loss sustained, and also subjects him to the penalties incurred for the non-performance of his duty.

3. The Emperors Valentinian and Valens to Germanianus, Count of the Imperial Largesses.

Those persons who have received lands by the right of emphyteusis cannot refuse to pay the rent, under the pretext that the land was sterile, even if they have fraudulently obtained a rescript for that purpose. Nor shall they be deprived of the said lands, even if a higher rent has been promised by another, but they shall remain forever in the hands of those who have received them, and of their posterity, although a rescript to the contrary may have been obtained against them.

4. The Emperors Valens, Gratian, and Valentinian.

Persons who have obtained lands forming part of Our private domain, which have come into Our possession in different ways and are now held under emphyteusis, shall have no fear of their being confiscated, for We convey the entire ownership of said lands, rather than merely lease them, provided the lessees afterwards, at the proper times, pay the rent which has been agreed upon.

5. The Emperors Gratian and Valentinian.

When any person receives land belonging to Our domain, which has been abandoned by former tenants, or those who held under emphyteusis, from the proper authority, he shall retain said land forever,

by an undisputable right, nor shall the demands of any second claimant be heard.

6. The Emperors Gratian, Valentinian, and Theodosius.

Persons to whom lands belonging to the Imperial domain situated in the provinces of Asia or Pontus, and which has been donated to them by Us, or by Our Divine Ancestors, shall hold possession of the same without molestation, and transmit them to their heirs.

So far as the transmission of the property is concerned We desire that this rule shall apply not only to descent to their heirs, but also to every kind of contract which the donees may enter into.

7. The Same Emperors to Cynegius.

Those who obtain lands forming part of the Imperial domain, or which belong to the State under emphyteusis by Our order, if they are sufficiently solvent to pay the rent, must pledge their own property by way of security for such payment, to provide against the said lands being abandoned. When, however, they are not solvent, they can acquire the land by emphyteutical right, after having furnished proper sureties, and the officials whose duty it is to have charge of such matters are notified that if any loss results from their negligence, and the security given should not prove to be good, they themselves will be responsible.

8. The Same Emperors to Nedearchus.

All the lands belonging to Our private domain, situated in the Mesopotamian and Osdroenian provinces, and which were set apart by the orders of Our Imperial predecessors for the use of soldiers on the frontier, shall all be restored to their former condition, notwithstanding any objection which may be urged against this as everything which was formerly destined for the necessities of the frontier should be preserved, and no one shall be heard who advances any claim based either upon a rescript, an Imperial annotation, an emphyteutical contract, or a lease of any description, which has been obtained through Our liberality.

9. The Emperors Arcadius and Honorius.

All persons are hereby notified that with the exception of the tax, nothing in common exists between land privately purchased by the Emperor and that already belonging to the Imperial domain, so that appraisers must never confuse the two, and those who venture to violate the present law shall be severely punished.

10. The Same Emperors to Eutychianus, Praetorian Prefect.

Your Highness will order that only those lands belonging to Our private domain, which have been granted to anyone through Our liberality with the reservation of a specified tax, shall be considered in the same class with those also forming part of Our private domain,

which have been rented conditionally, so that any tenants who are oppressed by the burdens imposed upon them may be relieved, and their liabilities transferred to others who are more prosperous, and the apportionment of tribute thus be equally divided.

11. The Emperors Honorius and Theodosius.

We order that the right of emphyteusis, by which land is held without being subject to any other requirement, shall remain forever unimpaired, but We are unwilling that mere possession should obtain the benefit of prescription, which possession has been invalidated without the existence of any special obligation.

12. The Emperors Theodosius and Valentinian to Taurus, Praetorian Prefect.

Possessors holding land of the Imperial domain by the right of emphyteusis, and who, up to this time, have not purchased the property, cannot be compelled to do so, but they shall be considered as having paid the price of the same; and hence they obtain the benefit of Our generosity, so that the emphyteutas aforesaid will obtain through Our liberality what another could secure by paying the purchase-money. They are advised that the title to the land which they cultivate, and of which they have obtained possession either by inheritance, private purchase, Imperial generosity, or in any other way whatsoever, will remain unimpaired and inviolate, and that permission will be granted all holding under emphyteusis to emancipate slaves attached to said land of the Imperial domain as they are the owners of said land.

13. The Same Emperors to Florentius.

We order that, hereafter, no one shall be allowed to transfer to private individuals any portion of the Imperial domain, or any lands situated on the frontier, or any forests throughout the East, whether said lands are subject to taxation or exempt.

Persons who violate this law shall be liable to a penalty of fifty pounds of gold, which, shall be incurred by a petitioner, as well as by the officer who grants the request, even though an Imperial annotation or a pragmatic sanction may be produced by way of justification.

14. The Emperor Anastasius.

We order that all those who, in any diocese, province, forest, or city whatsoever, have now, or may hereafter obtain possession of lands belonging to the Imperial domain, or to temples, or to a director of the public games, or to any other government official whomsoever, without any title, up to this time, for forty years without interruption (this possession being computed not only with reference to those who now hold the land, but also with reference to others who formerly held it), or who may hereafter possess real property of this kind for the aforesaid term of forty years, need entertain no fear of a public action, or

of molestation or annoyance of any description whatsoever, concerning the ownership of the land or buildings above mentioned. But if they pay the annual tax imposed, which is dependent upon the nature of the right under which the said lands or premises are held by him to whom they were granted, they shall be considered as absolutely belonging to those who are now in possession, or may afterwards obtain possession of the same.

Hence all persons shall be excluded from raising the question as to their ownership, under any pretext whatsoever, and an exception based upon any title, or even without any title to actual possession, for the term of forty years, will suffice; and it must be added that those also who can prove that lands of this kind were originally given to them by order of the Emperor, exempt from any liability, and that they have lawfully been in possession of them for forty consecutive years without the payment of rent, no tax which (as above stated) has not been imposed during the possession of forty years can afterwards be levied, for the reason that We have established the rule that, in both cases, that is to say, where the tax is either reserved or released, the rights of the parties in possession shall, without any change whatever, remain in the same condition in which they continued during the term of forty years, as aforesaid.

TITLE LXII.

CONCERNING SLAVES AND SERFS ATTACHED TO THE

PRIVATE DOMAIN OF THE EMPEROR, PASTURES, AND

LANDS HELD UNDER EMPHYTEUSIS.

1. The Emperors Valentinian and Valens.

Serfs commit a wrong against emphyteutas by taking possession of lands of greater extent than they are accustomed to cultivate, as they are not legally entitled to handle any which have not been planted with olive orchards, or vines by their own labor. They also attempt to illegally make use of the water of springs, the benefit of which emphyteutas, alone, are permitted to enjoy. It has therefore been decided that, hereafter, the right to and enjoyment of water shall only be permitted to emphyteutas, and that serfs shall obtain from them no more than is manifestly required for the irrigation of the fields which they themselves cultivate, and that they must make arrangements with the emphyteutas in possession to pay rent for any superfluous water which they may need for the purpose of tillage.

2. The Emperors Valens, Gratian, and Valentinian.

Receivers of the Treasury shall, by the authority of this law, rescind all grants of freedom which may have been bestowed upon slaves attached to Our Imperial domain, or to lands held under emphy-teusis, by persons who are not the owners of the same.

3. The Emperors Gratian, Valentinian, and Theodosius, to Post-humianus, Prsstorian Prefect.

We have ascertained that serfs who, from ancient times, have been attached to Our private domain, have been removed by persons to whom the same has been granted by Us, and that their own slaves, or other serfs, have been placed there in their stead. Therefore, by the authority of this Edict, We direct that those who, hereafter, attempt anything of this kind, shall be deprived of the said land.

4. The Same Emperors to Cynegius, Prsetorian Prefect.

It was recently established by Our laws, enacted with reference to maintaining Our domain in good condition, that the serfs who formerly cultivated the land, and have in some instances settled elsewhere, and others who have enlisted in the army, could be reduced to the status of their ancestors, and recalled to the discharge of their specific duties.

We do not, however, by any means intend that those who, having performed military service, deserve to be left in leisure and peace, and are entitled to the privilege of veterans, should exchange their weapons for plows and hoes.

TITLE LXIII.

CONCERNING FUGITIVE SERFS ATTACHED TO THE IMPERIAL ESTATES, AND TO FORESTS AND LANDS HELD UNDER EMPHYTEUSIS.

1. The Emperors Valentinian, Theodosius, and Arcadiws.

Whenever any sons of decurions, or serfs attached to the Imperial domain, or to any of the forests belonging to the same, with reference to which their ancestors or parents were required to perform public duties, have with the connivance of military officers, or other persons, enlisted in the army, or obtained other employment, they shall be recalled to their municipal duties or to the cultivation of their lands by the commanders and tribunes aforesaid, nor shall their past military service be of any advantage to them.

2. The Same Emperors to Cynegius, Przetorian Prefect.

Anyone who leads astray or secretly harbors a serf attached to the Imperial domain shall not only be compelled to restore him, but shall also be subjected to a fine of a pound of gold by way of penalty.

Published at Constantinople, on the eighth of the Kalends of November, during the Consulate of Our Prince Honorius, and Evodius, 886.

3. The Emperors Honorius and Theodosius.

All persons attached to lands belonging to the Imperial domain, who have been removed therefrom by the authority of an Imperial annotation or rescript which has been or may hereafter be obtained,

and who are serving in any rank in the army, shall immediately be sent back under a suitable guard appointed by the Governor of the province.

TITLE LXIV.

CONCERNING OBLIGATIONS IMPOSED UPON THE OCCUPANTS

OF LANDS BELONGING TO THE IMPERIAL DOMAIN AND

OTHERS HELD UNDER EMPHYTEUSIS.

1. The Emperor Constantine to Proculiis, Proconsul of Africa.

Possessors holding under emphyteusis, although they may have been released from extraordinary impositions through Our indulgence are, nevertheless, like other inhabitants of the provinces, liable to the payment of taxes for the repair of the roads, for there is no reason why they should be exempt from what is for the common benefit of all.

Published at Carthage, on the Nones of May, during the Fifth Consulate of Constantine, and the Caesar Licinius, 319.

2. The Same Emperor to Catulinus.

It is not proper for lands constituting part of the Imperial domain to be subjected to extraordinary burdens, or be compelled to give half or a third of the crop, as it is well known that they, for the most part, already pay a rental either in money or in grain.

Anyone who attempts to violate this law shall be punished.

Published at Carthage, on the sixth of the Kalends of September, during the Fifth Consulate of Constantine and Licinius.

3. The Emperor Julian.

All persons who are in possession of land belonging to the Imperial domain, whether they hold them in common or in their entirety, shall be required to pay their shares of all taxes charged against said land, either in proportion to their ownership or to the full amount, just as the necessities of the public welfare impose the obligation of payment upon all private individuals.

Given on the fifth of the Kalends of April, during the Consulate of Mamertinus and Nevitta, 362.

4. The Emperors Valentinian and Valens.

It has been decided that the possessors of land held under emphyteusis, as well as of that belonging to the Imperial domain, shall be permitted to give to the Receiver of the Treasury, at any time that they wish, as much of the rent as they may have (provided that it is not paid in more than three installments during each year), and that they shall be entitled to receipts for said payments, upon the same day, as is customary, provided that the entire sum due is paid to the Public Receivers before the Ides of January.

Any official who refuses to accept these payments on account, at any time of the year (provided they do not exceed three in number),

or is guilty of delay in giving a written receipt for the same, shall be subjected to severe punishment.

The possessors of the land or their agents must, under such circumstances, apply to a magistrate or someone who represents him, and has power to act, so that the insolence of the officials may be proved and punished, and the interests of the parties be protected.

5. The Emperors Arcadius and Honorius.

The tax imposed upon occupants of the Imperial domain, in all the provinces, shall be collected by the ordinary judges, and whatever is obtained shall be deposited in the Treasury.

Moreover, the above-mentioned judges are notified that none of the private property of the Emperor, nor any of the tax derived from the same, shall be devoted to other purposes, unless they desire their audacity to be punished with exemplary severity.

TITLE LXV.

CONCERNING THE LANDS BELONGING TO THE PRIVATE ESTATE OP THE EMPEROR, AND THE FORESTS ATTACHED TO THE IMPERIAL HOUSEHOLD.

1. The Emperor Constantine.

All persons are notified that any property which they have purchased or may purchase from Our Treasury can, under no circumstances, again be claimed by Us, that all such possessions are irrevocable, and that the ownership of the same may be transmitted to their heirs for all time.

2. The Emperors Valentinian and Valens.

Those whose private convenience demands the acquisition of lands belonging to Our private domain can apply to Your Excellency, set forth their wishes by means of a petition, and rest assured that every estate will pass to the new owner, together with the tax or financial burden to which it is at present liable, so that, no matter what may be expended upon the property by his care or industry, or whatever increase of slaves or cattle may take place, he will not be subjected to any additional poll or land tax, but that the benefit of the same will accrue solely to the owners of the property and their heirs.

Moreover, if anyone should fail to pay the tax due each year, at the designated time, and he is proved to be in default, he shall be compelled to make payment without delay. And if he should be found to be insolvent, and not able to pay the prescribed tax, We order that the property which he received for Our estate shall be transferred to someone else who is solvent, but that the latter shall not be oppressed with the payment of the arrears of his predecessor.

3. The Emperors Gratian and Valentinian.

Where anyone, having acquired land belonging to Our private estate in his .own name, either by the right of emphyteusis or under an ordi-

nary lease, transfers the said land to a person who is insolvent, and unable to pay the tax or rent to which the land is liable, he who transferred the same shall be subrogated to his successor, and shall always remain responsible for the payment of what is due.

4. The Emperors Gratian, Valentinian, and Theodosius.

All lands belonging to the temples shall be committed to the care and administration of the Stewards of Our private estate, and they must always exert themselves with peculiar zeal to the collection of the entire amounts due from them, as has always been the case.

5. The Emperors Arcadius and Honorius.

The use of water destined for the irrigation of Our lands is said to have been appropriated by many persons, and this having occurred through the connivance or deceit of Our Stewards, the usually fertile soil, which has been deprived of it, has failed to yield any crops to the cultivators of the same. Therefore, for the reason that it is extremely unjust that Our estates, formerly in a flourishing condition, should now become arid and barren, We order that the water shall be conducted to its previous destination, irrespective of any prescription.

6. The Same Emperors.

No one having charge of Our Imperial domain shall molest another who has served for thirty years as the member of a guild, a decurionate, a barough, or any other corporate body without his right being challenged, but the latter shall continue to be a member of the said decurionate or corporate body to which he is attached.

Given at Milan, on the third of the Kalends of July, during the Consulate of Stilicho and Aurelian, 400.

7. The Emperors Theodosius and Valentinian.

No one shall purchase any part of the private estate of the Emperor which is not subject to some rental, and if anyone should, hereafter, enter into a prohibited contract of this description, We desire that he shall forever lose the price which he paid, and have no right to present any claim for expenses incurred, or for any improvements which he has made on the property, nor can he flatter himself that he will be entitled to any advantage arising from prescription, except where this is authorized by former laws.

Any officer of the palace who permits such a contract to be entered into, or who draws up a petition to this effect, must pay a fine of fifty pounds of gold to Our Treasury. No order which is prejudicial to Our interest shall be valid in a case of this kind, even though it may be an Imperial annotation or pragmatic sanction authorizing such a sale, contrary to what has been provided, nor shall the penalty imposed upon the officer of the palace be remitted.

TITLE LXVI.

CONCERNING THE LANDS AND FORESTS BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR.

1. The Emperors Valentinian, Theodosius, and Arcadius.

If anyone should turn his flock of sheep or his drove of horses into the pastures forming part of the private estate of the Emperor, it shall immediately be confiscated to the Treasury. If this should take place hereafter through the corrupt connivance of the Imperial Stewards, We order that they shall be subjected to the severest punishment.

2. The Emperors Theodosius and Valentinian.

Where anyone has the audacity to occupy lands belonging to Our private domain, the said lands shall be restored to their former condition, in accordance with the ancient registry, and any rescripts fraudulently obtained, or any prescription based upon long time, or any new record of the census shall, under such circumstances, be of no avail, for the title to Our property cannot be annulled by a false report, a lasting possession, or a new registry.

Given at Constantinople, on the fifth of the Kalends of April, during the Consulate of Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 396.

TITLE LXVII.

CONCERNING THE CULTIVATORS AND SLAVES BELONGING TO THE DOMAIN OP THE EMPEROR, OR THE IMPERIAL

TREASURY.

1. The Emperor Constantine.

No original serf attached to Our private domain shall be raised to any dignity, or be called upon to perform any curial duties, as it is not necessary for the decurions of towns and other citizens from whom any number of appointments of competent persons can be made, to be degraded by a selection of this kind for high municipal honors.

2. The Same Emperor to Januarius, Pr&torian Prefect.

We order that Our serfs who have been employed by private individuals for the purpose of keeping accounts, or for the tillage of _the soil, be reduced to their former status, and only be used in the cultivation of Our lands.

Moreover, the rule must hereafter be observed that none of them shall undertake the transaction of anyone's private business, or any other administration whatsoever.

3. The Same Emperor to Equitius.

Slaves and serfs, their children and grandchildren, and any other persons attached to Our lands and demesnes, who clandestinely engage

in other occupations, shall be returned to their former status, even if they have already been enrolled in the army, for We decree that they shall be discharged and return, even if they have attained to the rank of protectors.

4. The Emperors Gratian, Valentinian, and Theodosius.

You will cause all children of either sex, born to men of free birth and female serfs or slaves, to be assigned to the condition to which their mothers belong.

5. The Emperors Valentinian, Theodosius, and Arcadius.

We do not permit serfs attached to Our private estates to be subject to tax, or compelled to perform extraordinary services, especially when these are said to be imposed upon them contrary to long-established custom.

6. The Emperors Theodosius and Valentinian.

Whenever it is decided to sell any portion of Our private domain to a serf, it must not be conveyed to one alone who may, perhaps, become a burden and annoyance to his associates, but two or more of the same origin and status shall be joined in the aforesaid transaction.

TITLE LXVIII.

CONCERNING CERTAIN LANDS, AND CHILDREN BORN TO

SERFS ATTACHED TO THE IMPERIAL DOMAIN, AND OTHER

PERSONS OF FREE CONDITION.

1. The Emperor Zeno.

If a free serf, of either sex, should marry a Tamiac man or woman, the children who are the issue of a union of this kind shall be considered Imperial serfs. If, however, a serf attached to the glebe, or a slave belonging to another, should marry a female serf or slave belonging to the Imperial domain, or a female serf or slave should marry a male serf or slave attached to the Imperial domain, the children born of such a marriage will be free, and We order that they shall enjoy the rights conferred by the ancient laws.

2. The Emperor Justinian.

We remember that a pragmatic sanction was promulgated which provided that when Tamiac estates situated in the provinces, as well as Gomatic lands subject to certain impositions (that is to say to land-taxes and tributes) were sold, the price paid for the same must be deposited in the Public Treasury, but although, by the said pragmatic sanction, the most complete validity is given to contracts of sale of this description, still, in order to grant perpetual security to the purchaser, We do hereby order that by the terms of this Constitution all such purchases shall have an indisputable title to such lands.

TITLE LXIX.

CONCERNING DIFFERENT URBAN AND RUSTIC ESTATES BELONGING TO TEMPLES AND CITIES AND ALL CIVIL

REVENUES.

1. The Emperor Julian.

Where any persons erect buildings upon public lands, they shall be compelled to pay a fixed rent for the same.

2. The Same Emperors.

The cities of Pamphilia, as well as all others, shall have an indefeasible right to any property they may acquire.

3. The Emperors Arcadius and Honorius to Our Beloved Vincent.

It is certain that the third part of the tax payable annually on account of ground and lands belonging to the State is abundantly sufficient to provide for the repair of the public walls.

Given at Milan, on the third of the Nones of July, during the Consulate of Olybrius and Probinus, 395.

4. The Same Emperors.

We decree that those who have offered the highest price for property belonging to the Imperial domain, or to the temples, and have been or may become the possessors of the same, shall have the indisputable ownership of said land, and that, hereafter, there shall be no question as to the right of possession of any of them, but each one shall hold the property as his own, where the contract is fulfilled by the payment of the purchase-money.

5. The Emperor Valerian.

If any persons, after the Consulate of Ausonius and Olybrius, should, either by way of donation or purchase, or under any other title whatsoever acquire lands, houses, or warehouses owned by a municipality (and particularly to this Eternal City to which We owe especial favor), or any real property belonging to the Director of the Games, none of which are subject to any civil imposition, We order that the same tax shall be imposed upon them to which their former proprietors were liable, and which shall be established by having recourse to the records of the municipality 'to which said property belongs, for if We do not suffer the debts due to private individuals to be evaded, there is much more reason why what is legally due to cities should be liquidated, as it is sufficient for the possessors to pay the imposition for the sake of securing the perpetual ownership which they have acquired through Our indulgence.

Those who, at present, hold lands belonging to municipalities, shall discharge their obligations to the Treasury of Our Imperial Largesses, whether the lands have never been exempt from taxation, or it has subsequently been imposed, and if this law does not have reference

to them, they should pay the tax to which they are now liable to Our private Treasury, as is customary, and the title to said property shall, in like manner, remain forever indisputably vested in them and their successors.

6. The Emperor Zeno.

We order, by this law, which shall be valid for all time, that the right to collect forty solidi annually, a tax imposed upon property situated in the territory of the City of Apamena by the possessors of the same, that is to say, Callimachus, Eliburnus, Emptorius, Vera-torius, and Epotius, shall be restored to the City of Nicea and its inhabitants, after the expiration of the third indiction.

Everything which was enacted by the law of the Emperor Martian, of Divine Memory, to the prejudice of the said City of Nicea, is hereby annulled, and whatever was granted by the said laws to the City, and which has in the meantime, under any pretext, been diminished shall, by the authority of Our present Constitution, be restored to the said cities, so that no judicial authority, nor any Imperial Rescript which may at any time be produced will, in any way, affect the validity of this frequently referred to general law.

If anyone should violate its provisions, he shall be severely punished.

TITLE LXX.

CONCERNING THE LEASING OP LANDS OWNED BY CITIES,

OR BELONGING TO THE TREASURY, THE TEMPLES, AND THE

PRIVATE OR PUBLIC IMPERIAL DEMESNES.

1. The Emperors Gratian, Theodosius, and Arcadius.

It is provided by an order of Our Divine Father that lands belonging to Our private domain shall be transferred by perpetual lease in such a way as to be at the risk of the officials making the transfer. For no one can fail to discharge his duty if the lands are assigned by judicial decree to persons who are solvent, or what is due to the Treasury be, in this way, properly secured, and when either one of these things is neglected, the rent can be collected from the property of the officials responsible for the transfer.

2. The Same Emperors to Nibrius.

In accordance with an ancient law, lands belonging to the State should not be taken away from those to whom they have not been leased, and who have not been authorized by Us to hold them (when persons have fraudulently obtained possession of the same), provided they have improved them by diligent cultivation, and permission has subsequently been granted to occupy them.

3. The Emperors Honorius and Theodosius.

All lands and estates belonging to the government, which have been offered at auction, and have, in conformity to law, been disposed of to the highest bidder, shall be leased to him in perpetuity.

4. The Same Emperors to Minervius, Count of Private Affairs.

It is consonant with the principles of equity for ancient possessors of public lands to be preferred to recent lessees, if they are willing to pay a higher rent.

5. The Emperors Theodosius and Valentinian to Volusianus, Praetorian Prefect.

Lands belonging to Our private domain which have once been leased in perpetuity, either directly by Our authority, or by that of Our illustrious Count of the Private Treasury, or which may be leased to anyone hereafter in this manner, cannot be transferred in perpetuity to another. For, by the present Edict, We decree that the possession of property leased in perpetuity cannot be transferred, even if the Emperor himself should sanction it, either upon request or voluntarily, by a written annotation or a pragmatic sanction. If the illustrious Count of Private Affairs should consent to a proceeding of this kind, in violation of the provisions of this law, he himself shall be compelled to pay a hundred pounds of gold by way of fine, and his subordinates shall be required to pay the same amount to the Imperial Treasury, and no order of this kind shall have any validity after the promulgation of this law, nor shall the land be leased to another, even though he may be willing to pay a higher rent.

Therefore, every person making a contract under a perpetual lease shall be secure, and he is informed that the property leased to him cannot be taken away from him or his heirs, or from those into whose hands it may come, either by inheritance, donation, sale or under any other title whatsoever. And in order that the Imperial generosity may not be circumscribed, the Emperor can bestow property forming part of his private domain in perpetuity to anyone in possession of the same, if he desires to do so, whether the former has himself obtained it directly from Us, or has acquired it by any other title, for to relinquish payment of the rent is a favor which does not injure another, where the Emperor desires him to be designated as the owner, who formerly held the property under a perpetual lease.

And, indeed, if anyone should be found to have obtained any of Our land, not under a perpetual lease but under a temporary one, by the authority of the illustrious Count of Private Affairs, this circumstance will offer no obstacle to the generosity of the Emperor if he should wish to transfer to another as a donation what the party in possession had only leased for a specified time.

Again, if an increased rent should be offered by someone else for land of this description, the first tenant to whom the property was temporarily leased will have the right to retain the said land, if he offers as much as the other has done. Where, however, he acquired the said property under a perpetual lease, he shall remain in undisturbed possession of the same, as previously stated.

TITLE LXXI.

CONCERNING LESSEES AND AGENTS, OR COLLECTORS OF

LANDS BELONGING TO THE TREASURY OP THE IMPERIAL

HOUSEHOLD.

1. The Emperors Theodosius and Valentinian to Bassus, Prasto-rian Prefect.

Lessees and other persons employed on the lands of the Imperial household, whenever any question arises with reference to the same requiring judicial investigation, must either defend or bring lawsuits as all other persons are legally required to do. And they shall not meddle with the business of other litigants, or officiously protect them, even when authorized to do so by a judicial decision, or, by turbulent and violent acts, dare to interfere with the execution of the law.

Nor shall they busy themselves with any matters either public or private, nor inform against any quiet household, lest they may afterwards repent of their thoughtless pertinacity, for a severe penalty is imposed upon those who are under Our immediate control, and are obliged to obey Our commands.

Given at Ravenna, on the day before the Nones of March, during the Consulate of Theodosius, Consul for the twelfth time, and Valentinian, Consul for the second time.

TITLE LXXII.

WHAT PERSONS ARE NOT PERMITTED TO LEASE LANDS BELONGING TO THE TREASURY.

1. The Emperors Arcadius and Honorius to Nestorius, Count of Private Affairs.

No Palatine, who is attached to Our private service, has authority to lease property belonging to Our private domain, either in his own name or in that of anyone else whomsoever, for We do not allow this to be done by one who is a soldier or a decurion.

Given on the sixth of the Kalends of August, during the Consulate of Vincentius and Fravitta, 401.

TITLE LXXIII.

CONCERNING CONTRIBUTIONS IMPOSED UPON LANDS BELONGING TO THE TREASURY, TO THE PRIVATE DOMAIN OF THE EMPEROR, TO THE STATE, OR TO TEMPLES.

1. The Emperors Arcadius and Honorius to Firminus, Count of the Imperial Largesses.

We grant permission to ordinary judges, as well as to the Governors of provinces, to decide questions arising between the stewards or

lessees of Our private domain, but we reserve for the Receivers of Our Private Treasury the right to collect any sums which may be due.

2. The Same Emperors to Messala.

Officers of the palace who have been given public letters by the illustrious Count of Private Affairs for the purpose of assisting collectors of the revenue, in order that the amounts due from the lands of Our private domain may the more readily be paid, are hereby directed to perform their duty with the greatest diligence, and if they should act rashly, they shall be reported by the ordinary judges to Your Highness, so that they may be severely dealt with.

3. The Same Emperors.

All lands, not only those which, for a long time, have belonged to Our private domain, but also those which have become the property of the Treasury through confiscation, shall not be released from pecuniary obligations by virtue of any privileges and exemptions of this kind; but notice is hereby given that every species of contribution, tax, and imposition shall be required of them, and collected without deduction.

TITLE LXXIV.

CONCERNING THE PRIVILEGES ENJOYED BY LANDS ATTACHED TO THE IMPERIAL HOUSEHOLD, AND THOSE BELONGING TO THE PRIVATE DOMAIN OF THE EMPEROR, AND FROM WHAT CONTRIBUTIONS THEY ARE EXEMPT.

1. The Emperor Constantine.

It is settled that lands belonging to Our private domain shall be exempt from all ignoble services, nor shall the lessees of the same or the serfs attached to them be subjected to any extraordinary impositions or additional charges.

Given on the eighth of the Kalends of February, during the Consulate of Placidus and Romulus, 347.

2. The Emperors Arcadius and Honorius.

For the sake of lightening the burdens of the people of the provinces, We desire that Our private estates shall be liable to the same contribution that all others are, but whenever grain is transported through places where it is not usual to carry it, and where it can be conveyed through other uninhabited regions, this rule will be violated, for the said grain should not be transported where it will cause any inconvenience or loss to the inhabitants of the provinces, hence, Your Excellency will cause it to be transported by the same route that was formerly taken.

3. The Emperors Honorius and Theodosius.

We order that the money paid as rent for lands belonging to Our private-domain, which have been leased in perpetuity, shall, like those

of private individuals, be subject to the contributions imposed in behalf of applications for admission to corporate bodies.

4. The Same Emperors to Asclepiodotus, Praetorian Prefect.

We, by no means, include among ignoble services the construction of public highways, bridges, and works erected in honor of Our Imperial predecessors. Therefore, no class of men, of whatever rank or dignity, shall be exempt from assessments for the construction and repair of highways and bridges, and We also include the Imperial palaces in the provision.

Given at Constantinople, on the fifteenth of the Kalends of March, during the Consulate of Asclepiodotus and Marianus, 423.

5. The Emperors Theodosius and Valentinian to Flavian, Prse-torian Prefect.

We decree that all the possessors of land hereinbefore mentioned shall, without any exception but the occupants of Our private domain, be liable to the contributions prescribed, the revenues of which We have frequently set apart for the requirements of the public welfare.

Given at Ravenna, on the thirteenth of the Kalends of May, during the Consulate of Bassus and Antiochus, 431.

TITLE LXXV. CONCERNING THE IMPERIAL STUD.

1. The Emperors Arcadius and Honoring to Csesarius, Praetorian Prefect.

All persons, from the highest to the lowest, are notified by an edict to be published by Your Highness that they will be liable to a fine of a pound of gold for every horse or mare, whether they are Hermo-genians or Palmates, which they take away, unless they voluntarily restore them; and those who are proved to have removed animals from any other drove shall be compelled to pay a fine of six ounces of gold to Our Treasury.

Given at Constantinople, on the day before the Kalends of December, during the Consulate of Olybrius and Probinus, 395.

TITLE LXXVI. CONCERNING THE IMPERIAL PALACES AND BUILDINGS.

1. The Emperors Theodosius and Valentinian to John,. Count of Private Affairs.

We except all buildings which are set apart for Us, that is to say, the Imperial palaces, from the use and occupation of private persons.

TITLE LXXVII.

CYPRESS TREES FROM THE SACRED GROVES OF DAPHNE AND PERSEUS IN EGYPT SHALL NOT BE CUT DOWN,

OR SOLD.

1. The Emperors Arcadius and Honorius to Sylvanus, Count of Private Affairs.

If anyone should purchase cypress trees cut down in the sacred groves of Daphne in Syria, or of Perseus in Egypt, he is notified that he will be fined five pounds of gold; and he who dares to sell the trees, which no one is permitted to purchase, shall be liable to the same penalty.

2. The Emperors Theodosius and Valentinian to Eudoxius, Prse-torian Prefect.

All judges, of whatever rank, are hereby notified that hereafter, without the consent of Your Highness, permission will be refused them to cut down any trees in the sacred grove of Daphne at Antioch, or even to remove such as have fallen for any cause whatsoever. Nor can it be asserted by the Alytarch that he has the right to cut down a single cypress, for the reason that he has planted others.

And, lest it may appear that by denying him permission to cut down a cypress We are depriving him of a privilege of long standing, without compensation, We decree that he shall receive a pound of gold from Our Private Treasury for every cypress which he was entitled to cut down, and anyone who violates this law shall be condemned to pay a fine of fifty pounds of gold.

THE CODE OF OUR LORD

THE MOST HOLY EMPEROR JUSTINIAN.

SECOND EDITION.

BOOK XII.

TITLE I. CONCERNING DIGNITIES.

1. The Emperor Antoninus.

If as you state, your grandfather was of consular dignity, and your father had held the office of Pnetor, and you did not marry men of private condition, but those of illustrious rank, you will retain tne eminent position of your family.

Without date or designation of Consulate.

2. The Emperor Alexander.

The gates of dignities do not lie open to men of bad reputation who are branded with infamy, and whose wickedness, baseness of life, and evil repute exclude them from the society of respectable people.

3. The Emperor Gordian.

The highest dignity does not abrogate the privileges of an inferior rank, previously obtained, or those attaching to military service.

4. The Emperor Philip.

We order that property belonging to senators, which they possess in different cities and provinces, and their retainers, shall be exempt from furnishing transportation, and any other requirements imposed by judges, as well as from all ignoble, extraordinary, and debasing services, and neither they nor their children shall, under any circumstances, be compelled to perform duties inconsistent with their rank.

5. The Emperors Valerian and Gallienus.

No urban Prefect shall, without Our authority or knowledge, subject a senator to the performance of any civil obligation whatsoever, and no one shall inflict such an atrocious injury upon Our Senate. For it is reserved for Us to issue any commands to persons of senatorial rank, as whatever is done by Our order becomes a distinction.

6. The Emperors Diocletian and Maximian.

Let no one who belongs to the lowest class of merchants, brokers, or persons engaged in vile or abject pursuits and employments, or who occupy base or dishonorable positions, attempt to enjoy any dignity. Anyone who has obtained such a place shall be deprived of it, and shall be restored to his former status.

7. The Same Emperors and Csesars.

When different judges require public works to be erected in cities, the property of senators shall not be liable to contribute to expenses of this kind.

8. The Emperor Julian to Sallust, Prsstorian Prefect.

The rights of senators and the authority of their order (in which We Ourselves are also included) must be protected from all injury.

Given at Constantinople, on the ninth of February, during the Consulate of Mammertinus and Nevitta.

9. The Same Emperor and Csesars.

We forbid the children of freedmen to attain to the dignity of nobles.

10. The Emperors Valens, Gratian, and Valentinian to Gracchus, Prsetorian Prefect.

We exempt men of illustrious rank from liability to torture. Given on the day before the Nones of January, during the Consulate of Gratian, Consul for the fourth time, and Merobaudus, 377.

11. The Emperor Constantine.

If a senator, or any other man of illustrious rank, has children born to him before he was raised to the above-mentioned dignity (which rule applies to sons as well as to daughters), they will follow the condition of their father. As children should not be excluded from the honors enjoyed by their fathers, a child born to a senator or other person of illustrious rank must be considered to be invested with that same rank and dignity.

12. The Emperors Gratian, Valentinian, and Theodosius to Neo-therius, Prsetorian Prefect.

Judges who have been convicted of having been polluted by dishonesty and other crimes shall be deprived of their commissions and dignities, and degraded to the lowest rank of plebeians, nor shall they afterwards enjoy those honors of which they have shown themselves to be unworthy.

Given at Thessalonica, on the eighteenth of the Kalends of February, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

13. The Emperors Valentinian and Valens.

We raise women to the rank of their husbands, render them noble by birth, determine the jurisdiction to which they shall be subject, and change the places of their domicile. Moreover, if they should subsequently marry men of inferior position, they shall be deprived of their former dignity, and shall follow the condition of their last husbands.

Given at Constantinople, on the fourth of the Kalends of February, 1 during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

14. The Emperors Gratian and Theodosius.

We order that judges shall not have power to impose any public service upon a senator under any pretext whatsoever, no matter to what province he may belong.

15. The Same Emperors to Eustathius, Prefect of the City.

We grant authority to all persons of noble or illustrious rank to reside in any place whatsoever, and to journey and remain wherever they wish, without obtaining a permit to do so.

16. The Same Emperors and Arcadius to Apollonius, Prsetorian Prefect.

When any serious crime has been perpetrated by a person of eminent rank, and he has been liberated under bond, We order that the accusation shall be submitted to Us. Any charges involving persons of inferior position must be referred to Your Highness, in order that you may decide what course should be pursued with reference to the offence 'which has been committed.

17. The Emperors Honorius and Theodosius to Arcadius, Pr&-torian Prefect.

Whenever any civil or criminal action is brought by a private individual against a person of illustrious rank, he shall not be annoyed by being compelled to give bond; but, by a special privilege, he shall be placed upon his honor, and only his oath shall be exacted as security. If, however, anyone should neglect to do this, and should fail to take the oath required as security, either in his own proper person, or by his attorney, the judge having jurisdiction shall order (in pecuniary actions) that the property in dispute shall be placed in possession of those who are entitled to it by the authority of the law and the nature of the case.

In criminal matters, however, the accused party shall be deprived of the dignity of which he has rendered himself unworthy through perjury, and the judge is authorized to pronounce the sentence prescribed by the severity of the law upon the defendant as being deprived of his illustrious rank by his own crime, without referring the case to Us for consideration.

(1) We think that the following privilege should be added to those enjoyed by persons of illustrious rank, that is to say, persons of this kind should not be compelled to appear in court in either civil or criminal proceedings, except in pursuance of a written order.

18. The Emperor Justinian.

We order that, with the exception of the honor attaching to Imperial notices of recall, all inferior and superior magistrates invested with authority, as well as those who are designated illustrious shall, without first obtaining Our permission, be allowed to visit this Imperial Capital, whether they have formerly left it with the consent of the Emperor, or whether, residing in the provinces, they come here only when their business requires it.

TITLE II.

CONCERNING PRAETORS, PRAETORIAN HONORS, AND THE

ABOLITION OF THE CONTRIBUTIONS KNOWN AS GLEBE,

LEAF, AND SEVEN SOLIDI.

1. The Emperors Arcadius and Honorius.

No one of illustrious or noble rank who resides in a province shall, hereafter, be called to the Prefecture, but everyone of such persons shall remain safely and securely at home, in the enjoyment of his dignity.

2. The Same Emperors to the Senate.

We order that the impositions known as "glebe," "leaf," and "seven solidi," of every description, whether they have reference to persons or to property, shall be absolutely abolished, and that no contributions of this kind shall, hereafter, be exacted.

TITLE III.

CONCERNING CONSULS, AND THE PROHIBITION AGAINST THEIR SQUANDERING MONEY, AND CONCERNING PREFECTS, MILITARY COMMANDERS, AND PATRICIANS.

1. The Emperor Valentinian.

It was long since established, with reference to men of consular rank, that, as they were invested with the same honor and enjoyed the same privileges, those should take precedence who are superior only in point of time of service. For who of several persons possessing the same dignity should be considered entitled to priority unless the one who first obtained the position? He who subsequently became Consul, although he held the same office, should certainly give place to a predecessor.

This rule shall also be observed where anyone has repeatedly held the office of Consul; for, where the official insignia are frequently obtained, while they prove the virtues and the merits of the incumbent, they do not increase them, because nothing is added to the eminence of the position. Where, however, a Consul who has held one office after another acquires the dignity of patrician, he will be entitled to precedence over one who first secured that dignity, although he may have been more recently raised to patrician rank.

2. The Emperor Leo.

We wish to restore the Order of the Consulate to its ancient splendor, so that persons who obtain that honor may do so through their merits, and not by cultivating the favor of the people, and, laying aside the desire for gain, the candidates may have in view only the venerable practice of their ancestors and the auspicious ornaments of antiquity which are peculiar to the office. Therefore, We desire that other Consuls shall have this example before them, and We shall not suffer them to incur great expense to no purpose. Hence, Consuls shall, hereafter, abstain from the vile practice of scattering money among the populace, and what they lose in this way and formerly squandered without any compensating advantage should be employed for better purposes, and in measures contributory to the public welfare. If, at the beginning of every consulate, a hundred pounds of gold is paid by the Consuls for the maintenance of the aqueduct of this great city, each of them will know that this sum has been given for the benefit of his country, and that what has been bestowed will remain a perpetual evidence of his generosity,

3. The Emperor Zeno.

No one shall be permitted to attain to the high rank of the patriciate (which takes precedence of all others) unless he has first held the office of Consul, that of the Praetorian Prefecture of the East, or of Illyria, or of the City, or is known to have been a general of the army, or to have occupied the position of Master of the Offices, as only per-

sons of this kind who are at present administering these public employments, or may do so hereafter, shall be permitted to attain the dignity of patrician, when We desire to confer it.

And, as We think that, in all respects, We should consult the interests of this Most Glorious City, which is the capital of the entire world, We order that all those who shall, hereafter, by the favor of the Emperor, be invested with the eminent dignity of honorary Consul, shall pay a hundred pounds of gold for the purpose of repairing the public aqueduct, just as those who, for a year, are elevated to the consular office, for it is only proper that this Most Flourishing City, by the munificent donation of a hundred pounds of gold, should be reminded of the benefits resulting from the bestowal of the honorary consulate.

4. The Same Emperor to Sebastian, Prsetorian Prefect.

We decree that all those who, up to this time, have been honorary Consuls, or who may become so hereafter, can, with the permission of the Emperor, conduct the business of the Consulate for a year, and that, having done so, they shall not be considered as having obtained any new distinction, or one which they have not yet acquired, but shall be considered to have again enjoyed the benefit of the consulship to which their honorary rank has already entitled them; and with reference to the adoration of the Imperial dignity, or any other honors and privileges which the Consuls could claim in former times, they are notified that the rank of Consul will date from the time when they were first appointed.

It should also be observed that where anyone of consular dignity afterwards becomes actual Consul, he shall not again be obliged to contribute a hundred pounds of gold for the maintenance of the aqueducts of this Glorious City, in accordance with the tenor of this Imperial constitution, as these were paid when he was raised to the position of honorary Consul.

5. The Emperor Justinian to John, Prsetorian Prefect.

We order that all those illustrious men whom We have raised to the high rank of patrician shall immediately, upon receipt of the Imperial commission, become the heads of households, and be released from paternal authority, lest it may appear that those who are honored by Us as fathers shall not be subject to the control of others. For, indeed, it would be intolerable for a father to be able, by emancipation, to release his son from the bonds of his authority, but that the Emperor should not have the power to free from the control of another one whom he has chosen to occupy the position of father to himself; for, if the contrary opinion did not prevail, the majesty of the Emperor would appear to be diminished by such an assumption. And while it is certain that this very rarely happens, as the son of a family does not often attain to the honor of patrician, although this is customary in the case of Consuls, still, in order that such an occurrence may not at some time take place, and no law be found applicable, We have decided that this Constitution shall be promulgated by Us.

TITLE IV.

CONCERNING PRAETORIAN AND URBAN PREFECTS AND MILITARY COMMANDERS.

1. The Emperor Valentinian.

We place the Prefect of the City, the Prsetorian Prefect, and the generals of cavalry and infantry in the same class, so far as their rank is concerned, as We desire that after they have retired to private life, those will take precedence who first, in order of time, have obtained promotion and the commissions which conferred their offices upon them.

2. The Emperor Leo.

A general of cavalry or infantry shall take precedence over anyone appointed Prefect, when both have relinquished this office and become private citizens, provided he was appointed before him; and, therefore, he who was first selected and the distinction of whose magistracy is of more ancient date shall take precedence in voting and speaking over a more recent appointee.

TITLE V.

CONCERNING THE IMPERIAL CHAMBERLAINS, AND VALETS-DE-CHAMBRE AND THEIR PRIVILEGES.

1. The Emperors Arcadius and Honorius.

The officials having charge of the Imperial bedchamber shall enjoy the same rank as that conferred upon the Prsetorian or Urban Prefects or upon those exercising the authority of generals of the army, so that, after they have relinquished the duties of their employment, no distinction shall be made between them, either in the solemnities accompanying the adoration of the Emperor, or in the solemn festivities, assemblies, attendance at court, or any other ceremony in which they may be called upon to take part. In such cases, the order observed shall be regulated by the date of their appointment, and they shall wear their usual costume, as it has been clearly decreed that he shall take precedence whose appointment was first in order of time, and that he shall rank second whose nomination is shown to be more recent.

2. The Emperors Theodosius and Valentinian to Proculus, Prse-torian Prefect.

We order by this law, which shall be perpetually observed, that all officials of the Imperial bedchamber, after having retired from office, shall, before they are reappointed to the same places (with the exception of the Chamberlain of the Camp and Count of the Household) enjoy the following privilege, that is to say, they shall not hereafter be obliged by Your Highness to furnish post-horses, vehicles, or lodgings, nor sha.ll they be required to perform ignoble services, lest they may,

during the time of leisure and quiet, appear to lose the honors which they have obtained by service; and We decree that their houses, both in this Imperial City and in all towns whatsoever, shall be free from the annoyance of furnishing lodgings to anyone, no matter what his rank may be. If the Governors of provinces and their subordinate officers either connive at the violation of this Our law, or contravene its provisions in any way, they shall be fined ten pounds of gold.

3. The Emperor Martian to John, Count and Master of the Offices.

As it is certain that the officials of My Imperial bedchamber, as well as those of the August Empress, perform the same duties, and have access to the same secret apartments of the palace, they should not be subject to different jurisdictions, and We release them from obedience to the orders of other tribunals, so that they can only defend themselves against actions brought before Your Highness.

4. The Emperor Leo, to Puseus, Prsetorian Prefect.

We decree that all slaves who have been donated by anyone for attendance in the Imperial bedchamber, or who may hereafter be given or appointed for such a purpose, and who formerly were or hereafter may be attached to the service of the Emperor (even though the appointment may not have been made in writing) shall, after they have been associated with the other chamberlains, become free and freeborn, and be considered such, and We desire that this rule shall not only apply to those who are living, but also to all who are dead. For as this privilege is considered to be peculiar to the majesty of the Emperor, namely, that he should not make use of the services of slaves, as men of private condition do, but of those of freemen, it is extremely unjust that they alone should suffer the inconveniences incident to inferior rank.

It shall be lawful for such persons, just as in the case of others who enjoy the advantages of free birth, to make wills disposing of their estates, but no one must entertain any doubt that the property of such of them as die intestate will escheat to the Treasury as that of decedents who have left no lawful heirs.

We desire all these regulations to be diligently observed where persons have voluntarily given an eunuch to be employed in the duties of the Imperial bedchamber. If, however, the eunuch should have been placed there by force, or should have ventured to undertake the service of the Imperial bedchamber without the consent or knowledge of his master, the latter is authorized to invoke the aid of the law, and recover (together with his -peculium} him whom he can prove is his slave, and who, without his knowledge or consent, has entered the service of the Imperial bedchamber.

As, however, it is not proper for persons who have been injured to be denied the power of applying for relief, so We do not permit that the way for bringing vexatious lawsuits shall remain open too long, and therefore We fix the term of five years within which a master can institute proceedings against such slaves; and if he should fail to act

within that time, he shall not be permitted either to claim the slave and his peculium, or even the property of his freedman as his own. All these rules which We have laid down with reference to the male attendants of Our bedchamber are also applicable to any females who have been or may be donated for this service, and We decree that they shall govern them and continue to be in force whether the said attendants are living or dead.

5. The Emperor Anastasius to Eusebius, Master of the Offices.

We order that the two illustrious chamberlains of Ourself and Our Consort, the Empress, after having finished their terms of service, and having been raised to senatorial rank, shall have a right to wear the military belt whenever they visit their estates, or travel for any purpose, as this is conceded in compliance with their wishes, and will result in no one's injury.

TITLE VI.

CONCERNING QUAESTORS, MASTERS OF THE OFFICES, AND COUNTS OF THE IMPERIAL LARGESSES AND OF PRIVATE

AFFAIRS.

1. The Emperors Arcadius and Honorius.

Those who have been honored with the office of Quaestor or Master of the Offices, or have been Counts of either of Our Treasuries, shall be received with the usual acclamations and shall not be passed by as unknown.

TITLE VII.

CONCERNING THE PRIMICERIUS, THE SECUNDICERIUS, AND

NOTARIES.

1. The Emperor Leo.

We especially desire that notaries shall always retain their title; and therefore, if any members of this order retire in order to be at rest, or resign their offices, or relinquish them on account of old age, or should subsequently attain to any other dignity, they shall not lay aside the title obtained from their former employment, but shall add to it that of their subsequent dignity; and if any official, and especially if anyone attached to the office of Your Highness, should rashly charge a former notary with any duties pertaining to the collection of taxes, the assessment of property, or anything else of this kind, he is hereby notified that as soon as he is detected, even though he may only have been guilty of negligence, he shall be heavily fined and excluded from .the corps of accountants.

2. The Emperor Justinian.

We think that the eminent and noble body of tribunes of the Notaries who render important services to the public should be encouraged

and increased by the bestowal of distinctions and privileges; hence We have deemed it proper to decide that those who have attained to the rank of primicerius shall remain in the office for the term of two years. Moreover, We order that those tribunes who, being occupied in their own affairs, absent themselves from the Imperial palace for a year, even though they may have obtained a permit to do so, shall lose one grade on account of their absence for that time; and if they should be absent for two years, they shall lose two grades; and if for three years, they shall lose three; and if for four years, they shall, in like manner, be subjected to the loss of four grades; and be placed below those who formerly were inferior to them in rank. Those who have failed to appear for a period of five continuous years shall have their names stricken from the registers of tribunes, but shall not be excluded from the Order, for men who are in this condition can perform none of the duties relating to the census, the imposition of taxes, the assessment of property, or any other matters of this kind.

We have considered it especially necessary to establish these rules in order that no one may, through political intrigue, official favor, or any other means whatsoever, attain to a rank to which he is not entitled, and take precedence of others without reference to service while transacting his own business.

When any tribune, after long and arduous service, is forced to retire on account of age, he shall, after having ceased to act as primice-rius and chief accountant, obtain the rank of Master of the Offices, just as if he had discharged the duties of the latter, and shall wear the insignia of the same, according to ancient custom, and he can assume priority over all others even though they may have preceded him in point of time.

TITLE Vill.

CONCERNING THE MAINTENANCE OF THE ORDER OF DIGNITIES.

1. The Emperor Theodosius.

If anyone should usurp a place to which he is not entitled, he cannot defend himself on the plea of ignorance, but he shall undoubtedly be considered guilty of sacrilege, as having disregarded the Imperial mandates.

Given at Milan, on the twelfth of the Kalends of June, during the Consulate of Richomer and Clearchus, 384.

2. The Emperors Theodosius and Valentinian.

All persons are notified that the order of precedence shall be observed as follows: those who are performing the functions of an illustrious employment shall have the first rank; next come those who have formerly held such an office, and at present have a right to wear the

military belt, the badge of illustrious dignity; and We assign the third place to those to whom the insignia of illustrious rank have been sent; fourth, those who, being present, have obtained honorary distinction through Our letters, without the military belt; and fifth, those who, while absent, have been invested with the insignia of illustrious dignity, without the military belt. We decree that the administrators, or Counts of Private Affairs, shall take precedence of those upon whom have been bestowed the honorary titles of illustrious dignity.

We do not, however, think that all those who, at present, are engaged in the public service should always be entitled to priority over such as are merely invested with the honorary title, but only where the parties are of the same rank, and one of them has the administration, as well as the honors, and the other the honors alone. Hence, the Prefect takes precedence of the Qusestor, and not the Quaestor of the Prefect; and, in like manner, the active Qusestor takes precedence of the Qusestor who is not in office; and the Count of the Treasury, or the Count of Private Affairs, shall be preferred to an honorary Quses-tor or Master of the Offices.

We decree that those should be numbered among the incumbents of offices who, being of illustrious rank, have, in Our Imperial Consistory, been previously entrusted with matters of ordinary importance, or whom We may hereafter charge with such duties; for example, where the prosecution of hostilities is committed to some general not in active service. For why, for instance, should not the distinguished general, Germanus, whom We have ordered to conduct a war against the enemy, be considered as discharging the duties of such an office? Or why should not the eminent Propentadius who, being a soldier, We have appointed, instead of the Praetorian Prefect, to superintend the organization of the army, be said to administer the Prefecture?

TITLE IX. CONCERNING THE CHIEFS OF THE IMPERIAL BUREAUS.

1. The Emperor Anastasius.

The indulgence of Our liberality should be bestowed upon the distinguished Chiefs of the Imperial Bureaus who, in the capacity of secretaries are, as it were, associated with the Emperor; and therefore We decree that, after they have relinquished their office, they shall be exempt from all contributions, whether these are imposed by civil or military authority, and that they shall be absolutely free from the annoyance of being compelled to submit to any contribution, public or private, that may be imposed by Your Highness.

We desire that this privilege shall also be transmitted to their descendants, and by the latter to their next of kin. The office of Your Highness shall be condemned to pay a fine of fifty pounds of gold, if you permit this law to be violated in any respect whatever.

TITLE X. CONCERNING THE COUNTS OF THE CONSISTORY.

1. The Emperors Gratian, Valentinian, and Theodosian.

Generally speaking, We decree that those upon whom the title of Count of Our Consistory has been conferred shall be deemed equal in rank to the distinguished Proconsuls.

2. The Emperor Justinian.

The distinguished Counts of Our Consistory, together with their wives, their children, and their slaves, shall enjoy the same privileges in bringing actions at law, and in defending the same, as the illustrious chiefs of the guild of agents are entitled to, in accordance with the Imperial Pragmatic Sanction of the Emperor Zeno, of Divine Memory.

TITLE XI.

CONCERNING THE COUNTS AND TRIBUNES OF ASSOCIATIONS.

1. The Emperor Valentinian.

The chiefs and tribunes of the various associations whose members serve at the Imperial banquets, and from former times have enjoyed the privilege of adoring the Emperor (among whom are included the Counts of the Imperial Stables, and those having charge of the palace), where they have been invested with the title of Count of the First Rank and have not attained to a higher dignity, We order shall, after they have relinquished their office, be classed with the Counts of Egypt or Pontus, whose relative position is the same. We order that those who have not risen to a more exalted degree of nobility shall, after they have retired from service, be considered equal in dignity to the dukes of the provinces.

TITLE XII. CONCERNING MILITARY COUNTS.

1. The Emperor Leo.

Those who, after having led armies in provinces beyond seas, have, in consideration of their merits, obtained the rank of Count of the First Rank, shall be entitled to the same honors as those who have been invested with the insignia of the proconsulship.

2. The Emperor Anastasius.

We place in the same class with dukes who have administered their office in the provinces (with the exception of those of Egypt and Pontus) all who have been appointed by Our authority Counts of the First Rank, and dispatched with armies for the protection and defence of any of the provinces, or have undertaken the duties of generals.

TITLE XIII.

CONCERNING THE COUNTS AND CHIEF PHYSICIANS OF THE IMPERIAL PALACE.

1. The Emperor Zeno.

We decree that the Chief Physicians of the palace who have obtained the dignity of Count of the First Rank shall hold the same position as vicegerents, whether they have already retired from office, or may hereafter do so, in order that no difference of degree may exist between the vicegerents and dukes who are still administering their offices, and those who have obtained the title of Count of the First Rank, except that arising from the length of time which he who is in office or has attained the insignia of count may have served.

TITLE XIV. CONCERNING THE COUNTS WHO GOVERN THE PROVINCES.

1. The Emperor Zeno.

Those who have been occupied in the civil or judicial administration of the government, and have become entitled to the rank of Count of the First Rank, shall enjoy the privileges attaching to the office of Imperial Vicegerent, after they have relinquished their official employments.

TITLE XV.

CONCERNING THE PROFESSORS WHO, BY GIVING INSTRUCTION IN THE CITY OF CONSTANTINOPLE, HAVE ATTAINED TO THE RANK OF COUNT.

1. The Emperor Valentinian.

It has been decided that grammarians, both Greek and Latin, Sophists, and jurists practicing their profession in this Imperial City, who being regularly registered, have distinguished themselves for good morals, and can show that they possess the ability to teach eloquence, as well as skill in interpretation, and talent in debate, and who have been considered worthy of becoming members of the Senate, after they have passed twenty years in their profession, and in imparting knowledge, shall be honored, and placed in the same class with the Imperial Vicegerents.

TITLE XVI. CONCERNING SILENTARII AND THEIR DECURIONS.

1. The Emperors Honorius and Theodosius, to Ursus, Prefect of the City, and Aurelian, Praetorian Prefect of Illyria.

The decurions of Our palace, after having faithfully performed their duties and relinquished their office, shall have the choice of either

receiving from the Emperor the title of Master of the Offices or that of illustrious Count of the Domestics, that is to say, the rank of those in active service, so that they may enjoy the privilege not only of adoring the Emperor, but also of saluting public officials, as well as all the other advantages attaching to the above-mentioned dignities, in addition have the honor of being present at the meetings of Our Imperial Consistory.

2. The Same Emperors to Venantius, Prsetorian Prefect.

Every decurion, or silentarius, shall be exempt from the service of furnishing horses and other extraordinary impositions; nor shall he pay any tax which is usually imposed under such circumstances, and no authority or necessity shall subject him to anything of this kind.

3. The Emperor Valentinian.

Decurions and silentarii are notified by this law that all the privileges formerly granted them by other Divine Emperors are hereby confirmed, even where they have been promoted to a superior position, and their rights shall not be prejudiced by the issue of any pragmatic sanction, nor shall the authority of the Prefecture subject them to the necessity of furnishing post-horses or lodgings; and We hereby release them from all ignoble services, from the burning of lime, and from the charge of the superindiction.

We decree that their houses, not only in this Imperial City, but also everywhere else, shall be exempt from providing lodgings, no matter by whom this may be authorized, and a fine of ten pounds of gold shall be imposed upon the judges of the provinces and their offices if they violate this Our law.

We add to the above-mentioned privileges, that the said decurions and silentarii, after they have retired from office and have been included among the illustrious senators, shall have a right to the honors of the curia without performing any duties, and can rejoice in the full possession of their dignities and immunities. Under this regulation, however, only thirty silentarii shall be entitled to this honorable distinction, and We decree that three decurions, and no more, shall enjoy the above-mentioned privileges, after they have discharged their official duties uninterruptedly for thirty consecutive years.

4. The Same Emperor.

In order that the silentarii may not be removed from their places near Our person to appear in court, We order that those who desire to bring either civil or criminal actions against any member of the guild of silentarii, or his wife, cannot proceed in any other tribunal than that of the distinguished Master of the Offices.

5. The Emperor Justinian.

We order that the illustrious silentarii in service, when they are under the control of their parents, shall possess as castrense peculium

whatever they may have obtained, or may hereafter acquire by way of emoluments, donations, inheritance, or from any other source, while in office; nor can their parents, if they survive them, claim such property for themselves, or take it from them; nor, after their death, can their own brothers, or any other of their heirs, divide the same as belonging to the estates of the said deceased persons, as they cannot be deprived of the fruit and profits of their labors. For the same reason, We do not permit the silentarii to be compelled to account for, or place in the mass of the estate of their deceased parents, any property which they may have received from their relatives, or from any other source, or which they may hereafter obtain, at the time that they were admitted into the corps of the silentarii, and they shall not be assessed or compelled to pay any money by way of contribution under such circumstances.

We order that they shall be exempt from the administration of guardianship and curatorship, as they should not be obliged to transact the business of others; for the reason that, on account of the services required of them by Us, they cannot devote proper care or attention to their own affairs.

Moreover, their children, who have already reached or may hereafter attain to the rank of distinguished counts or tribunes, shall, by no means, be compelled to undertake or conduct the administration of the Prefecture without their consent, and all privileges heretofore conferred upon those now in office shall also be enjoyed by persons hereafter admitted to the same body, and this rule shall apply not only while they are in active service, but also after their retirement.

TITLE XVII. CONCERNING DOMESTICS AND PROTECTORS.

1. The Emperors Valentinian and Valens.

Domestics and protectors belonging to the royal palace shall have a right to embrace the Imperial Vicegerents when they salute them, for it would practically be an act of sacrilege if this honor were not allowed those who are considered worthy of touching the Imperial purple.

2. The Same Emperors and Gratian.

The primicerius of both the corps of domestics and protectors, after obtaining the office of tribune, shall have the rank to which dukes are entitled; and others of the same body, to the number of ten, shall enjoy the consular dignity.

3. The Same Emperors to Sposaterus, Count of the Foot Domestics.

Any domestic who is absent, but not on public business nor under a permit granted for that purpose, and fails for the space of two years to discharge the duties which he owes to the Emperor, shall be

reduced five grades, and if he is proved to have been away for three consecutive years, he shall be reduced ten. If he should be absent for four years, he shall be assigned to the lowest place; and where he has been a wanderer for the term of five years, he shall be deprived of the insignia of his office; for those who discontinue the performance of their functions for so long a time, when they should perform them assiduously, are unworthy of membership in the order.

4. The Emperor Anastasius.

We have determined that it should be decreed and established by this pragmatic sanction, which shall be perpetually observed, that where anyone has obtained the place of secundicerius in the corps of mounted domestics, and dies while administering the office, his heirs shall have the right to his salary and perquisites, not only for the remainder of that year, but also for the following year, that is to say, during which he would have performed the duties of primicerius, so that his heirs will be entitled to all his emoluments, just as if he had survived until the expiration of his term of office.

TITLE XVIII.

CONCERNING THE SUPERINTENDENTS OF PUBLIC WORKS. 1. The Same Emperor.

Those who have been appointed by Us Superintendents of Public Works shall rank as nobles entitled to the same position as persons of consular dignity, for members of Our retinue are worthy of distinction.

TITLE XIX.

CONCERNING PERSONS ATTACHED TO THE OFFICE OF IMPERIAL SECRETARY, AND OTHERS WHO ARE EMPLOYED IN

THE SAME.

1. The Emperors Gratian, Valentinian, and Theodosius to Cyne-gius, Prsetorian Prefect.

We place the Imperial secretaries employed in drawing up memorials, letters, petitions, and inventories in the same class as vicegerents, and declare them entitled to the same rank as those who, as the subordinates of prefects, have been appointed to the government of departments from the time when they obtained the office. Such officials, who have subsequently been promoted to the position of vicegerents, take precedence over others who have not yet attained to that dignity, and shall not be liable to any ignoble service whatever.

2. The Emperors Valentinian, Theodosius, and Arcadius to Con-stantius, Prsetorian Prefect of the Gauls.

Those who serve in the offices of the Imperial Secretaries, and exercise the functions of ordinary or distinguished judges, shall not be

summoned to court, or compelled to accept public employment against their will. Superior officials, cornicularii, and the heads of departments are hereby notified that they will be fined three pounds of gold, to be collected out of their property, if they do not permit them to enter Our Consistory, or the office of Secretary of the Judges, or if proper respect is not shown them when they are admitted into the Imperial presence, or if they should be refused permission to sit with the judges. Given on the sixth of the Ides of November, during the Consulate of Timasius and Promotus, 389.

3. The Emperors Theodosius, Arcadius, and Honorius.

Those who are employed in the offices of the Secretary of the Imperial Palace, that is to say if, after they have served for twenty years in drawing up memorials, letters, petitions, and inventories, they should decide to retire, shall be raised to the consular dignity, and they should, in consequence, obtain the same honors as are usually conferred upon former Consuls; nor shall anyone be permitted to annoy them by imposing any duty upon them, or by ordering them to perform any service.

4. The Emperors Arcadius and Honorius.

We order that the property of all those employed in the offices of the Imperial Secretaries, that is to say, those who draw up memorials, letters, petitions, and inventories, shall be secure and exempt from the imposition of any compulsory contribution for ignoble purposes, and that the said persons shall have no apprehension of an assessment, or any other exaction, and shall only be liable to the payment of the usual tax; so that the dignity obtained by their labor may not be subjected to any extraordinary burden, or be compelled to contribute to the fund of vehicles or post-horses; and this shall apply to anyone at present serving in said offices, as being the privilege and exemption to which their long service and their industry entitle them.

We decree that this rule shall also apply to their estates, and that they shall continue to enjoy this privilege, even though they may be promoted to a higher position; so that no matter what their rank and fortune hereafter may be, they will still profit by the advantages obtained by their service in the office of the Imperial Secretaries.

5. The Emperors Honorius and Theodosius to Faustinus, Prsetorian Prefect.

By way of granting a special favor, We order that those who are employed in the offices of the Secretaries charged with drawing up memorials, letters, and petitions shall, from the receivers to the Mello-proximi, obtain the dignity and honor of nobles, and like the others who are serving in the same offices, shall legally be entitled to attend the meetings of Our Council, just as ordinary judges can do; so that they upon whom We have conferred this noble rank may know that they can claim the same respect as other distinguished persons, and

be informed that they have received permission from Us to enter and sit in Our Council.

Given at Ravenna, on the eighth of the Ides of June, during the Consulate of Lucius, 413.

6. The Same Emperor and Valentinian.

We decree that, hereafter, those who are employed in the three bureaus of the Secretaries' office having charge of memorials, letters, and petitions, shall obtain the rank of Proximi after one year's instead of two years' service, as was formerly prescribed.

Given at Constantinople, on the eighth of the Ides of February, during the Consulate of Theodosius, Consul for the seventh time, and Palladius, 416.

7. The Emperors Theodosius and Valentinian to Nomus, Master of the Offices.

We order that the promotion of persons employed in the offices of the Imperial Secretaries shall be dependent upon their length of service, and that all supernumeraries stationed in the said offices shall occupy the vacant places which they may obtain, in the same order. This rule shall be applied in such a way that no one who has been recently enrolled can aspire to a place to which he has no right; except where he is found to be more competent to perform the work, and has been decided to be worthy of promotion by the testimony of fifteen of the employees of the said office of Secretary, and entitled to precedence, which shall be confirmed by oath.

We desire that this rule shall be observed by everyone, with the exception of the sons of those next in order of preferment. For We decree that each of those shall cause one of his sons to be admitted into the order, with strict reference to priority of time (even if he is known to be lax in the performance of his duties), and he shall be preferred to those of more recent appointment, but who are more competent. We order that any supernumerary, who has been admitted as an active member, shall pay to the one next in succession the sum of two hundred and fifty solidi and twenty or fifteen solidi to the Melloproximus or assistant, in compliance with the custom of each Secretary's office.

If, however, any of the supernumeraries, with a view to avoiding paying the money, should decline the promotion to which he is entitled, the place shall be offered to the next one in order, upon payment of the aforesaid sum, so that if the second, the third, or any other should refuse to accept the place, it may be given to the immediate successor of him who last refused it.

Moreover, We are unwilling for those who have declined promotion in their regular order to be excluded from their grade, but when another vacancy occurs, We order that they shall have full power to obtain it upon the same terms which they formerly rejected, namely, by paying the sum of money requisite to secure the place.

8. The Same Emperors to Nomus, Master of the Offices.

We decree that those first in order in the office of the Imperial Secretaries, as well as in that of the Count of the Inventories, whose fidelity, long-continued industry, ability, probity, and diligence deservedly commend them to promotion shall, when their terms of service have expired, obtain for life the insignia of office of Count of Our Consistory, and shall continue to enjoy all the privileges which have previously been conferred upon them; for We have decided that persons to whom the secrets of Our government have been deservedly committed should be adorned and decorated with the honor of the office aforesaid.

9. The Emperor Leo to Patricius, Master of the Offices.

Those who are employed in the offices of Our Imperial Secretaries, and have been granted a temporary leave of absence cannot, during that time, be subjected to civil suits or criminal prosecutions, but with their wives and children shall remain unmolested and not be liable to public taxes or employments, and they can even claim exemption from these after their terms of service have expired. Their houses, likewise, which they own in the provinces, shall be free from the annoyance of lodging soldiers.

10. The Same Emperor to Hilarianus, Count, and Master of the Offices.

We direct that the number of employees in the office of the Secretary charged with keeping records shall not exceed sixty-two; those in the department of letters are limited to thirty; those in that of petitions to twenty-four; and that those whose duty it is to decipher and copy old laws in the bureau of historical documents shall never be less than four in number. Moreover, those persons above mentioned who are employed in the Bureau of Records shall never perform double service, nor shall they draw up duplicates, so that several persons will not be engaged in performing the duties of one, and nothing be left for the others to do.

11. The Emperor Zeno.

If anyone employed in the offices of the Imperial Secretaries, that is to say, in those of the records, inventories, letters, and petitions, who has already been appointed, should die, the substitute who occupies the vacancy as being next in the line of promotion shall pay, by way of consolation to the heirs, successors, children, and creditors of the decedent, the sum prescribed by the Imperial Constitutions of the Emperors Theodosius and Valentinian, of Divine Memory. Those who lent money to the deceased to enable him to secure the position, even if the succession or estate should not be accepted or entered upon, will still be entitled to preference over the others; and the children, the agnates, and the cognates shall have the right to receive the said sum of money, not by way of inheritance, but as a privilege, and they shall be permitted to demand it, and bring suit for its recovery; and

Our law must not be evaded or violated by the commission of any fraudulent act, and especially as there can be no doubt that, when the distinguished Proximi of the Secretaries' office die without having completed their terms, they can transmit to their heirs and successors the remainder of their salaries, without any diminution whatsoever.

12. The Same Emperor to Celer, Master of the Offices.

We order that persons employed in the offices of the Imperial Secretaries, as well as their parents, wives, and children, shall not be obliged to answer in any civil or criminal proceeding, except before the tribunal of Your Highness. Moreover, their tenants, serfs, and slaves residing in this Imperial City shall enjoy the same privilege, and the assistants of the Proxlmus, or the ordinary employees, shall only be compelled to be sworn; so that if anyone of them is forced to appear in court, he Will only be required to furnish security by oath; and if he has no real property, any slaves or serfs belonging to him will be released, if their master becomes surety for them.

(1) We also order that the amount to be donated as sportulse shall be reduced, and that only one solidus shall be paid to each one of the court officials during the progress of a case; and two where it is brought before Your Highness; and a half a solidus must be paid to the copyists for drawing up the papers; and if the case should be referred to an arbiter, one solidus, and no more, shall be paid to him; and We decree that the third part of a solidus shall be given to the officers for their services, not only for publication of notices, but also for the report and the inventory.

We direct that the eminent Patron of the Treasury in office at the time, as well as those officials whose duty it is to diminish litigation, shall demand or extort nothing from them; and We order that half of the expenses which may be incurred by the above-mentioned persons in the proceedings before Your Highness shall only be paid by them in tribunals in the provinces, so that if they become involved in litigation with reference to contributions of grain, or guardianship, or curatorship, or notice not to construct a new work, and where the case is brought before a higher tribunal, as for instance, before the Prefect of Subsistence, or the patron of the Noble Prefecture of the City, or of the Architects, the parties cannot be compelled to pay more by way of costs and expenses than the amounts above prescribed with reference to proceedings before the tribunal of Your Highness.

(2) We order all these rules to be observed, whether the parties to the action themselves desire to conduct the case, or to have it done by their attorneys, or even by their defenders. This will only apply when they have been notified in writing to appear.

(3) If, however, they should be proceeded against by deposition, or in any other way, no payment of sportulte shall be required of them, either by the office of the illustrious assistant, or by anyone else, and they shall be entitled to all the above-mentioned privileges, as well as of those afterwards granted by former Emperors, not only in favor of such as are still in office and afterwards become engaged in that serv-

ice, but also of such as have retired, or may hereafter withdraw from the employments aforesaid, so that they, together with their wives, children, vassals, and slaves, may reap the benefit of said privileges.

(4) And as We desire all litigants to be treated with equal justice in the controversies brought before judicial tribunals, We decree that the benefit of the privileges aforesaid shall also be shared by their adversaries; and for this reason We order that those who are employed in the Bureau of Records shall not only enjoy the privileges granted by Us in bringing, but also in defending actions for them; and that those employees in the said Department who have retired, and fixed their domicile in the provinces through love of tranquillity, shall still be protected in the enjoyment of all the rights conferred upon persons of this kind, by the law which We have recently promulgated; and that they shall obtain all the advantages and benefits derived from the same.

13. The Emperor Justinian to Proculus, Qusestor of the Imperial Palace.

Having ascertained that Our predecessors, the Emperors, formerly fixed the number of deputies of Your Highness, and declared that it should not be lawful for any larger number to assume the name or discharge the duties of the office, and that there should only be twelve of them in the Bureau of Records, and seven in the other two Bureaus of Imperial Letters, and Petitions, and in consideration of the fact that afterwards the number was increased by political intrigue, so that the routine of the office was disturbed, and business interfered with through the swarm of employees to such an extent that there is at present very little difference between the number of recorders and their deputies:

(1) Hence We decree that the law fixing the number of persons employed shall be restored, and that number reduced, but not in such a way that any of the deputies who exceed the prescribed number shall be dismissed, but that hereafter no one shall be appointed to the place until the number has been decreased, and only those authorized by law remain. Any deputies who may relinquish their office on account of promotion to a higher dignity, for example, those who are raised to that of laterculus in the office of the Imperial Secretary, or who obtain the second place in the other two offices, after they have been appointed proximi, shall not be prevented from subrogating to themselves those whom they may select for that purpose, even though the latter may be entitled to precedence, and although the number may not yet have been reduced to what it was originally.

(2) We think that the following rule should be established, because it is supported by precedents, and for the reason that it is consonant with the principles of justice, namely: that a petition should be presented to the illustrous Qusestor, then in office, by him who has been given permission to appoint someone in his stead, requesting his signature, and setting forth the term of service and the rank of the person to be subrogated, as well as a full statement of the case, that is to say, why he should be permitted to appoint the individual whom he desires to subrogate to himself. In the appointment of such

deputies, the time when the petition was presented should be taken into consideration, so that the first accepted will always be preferred to one admitted subsequently, and the date of the petition should govern the order of appointment, which rule should also be observed with reference to almost all offices.

14. The Same Emperor to Tatian, Master of the Offices.

We order, by this law, that when the deputies of the Quaestor of Our Imperial Palace have been brought into court, either in civil or criminal proceedings, the strict rule of law and justice shall be obeyed; so that if this should be done without any written documents, the oral statement of the applicant will be sufficient. If, however, papers should be filed in a complaint against one or more of the deputies, all the necessary documents shall be produced, and the deputies must comply with all the proper and legal formalities required in proceedings of this kind.

(1) And, since it is preferable to depend upon evidence and precedents rather than upon unsuitable customs, We decree that what is shown to have prevailed in cases involving employees in the Bureau of Petitions, as well as those in that of Imperial Letters, shall be observed, so far as the deputies in the Bureau of Imperial Records are concerned, so that those who have obtained permission to travel by virtue of a public leave of absence can remain abroad without any diminution of their pay or emoluments; for the illustrious Proximi and Melloproximi, or, in their absence, their deputies, are compelled to pay the absentees whatever may be due them, either out of their own property, or out of the balance of the taxes or contributions, even though the leave of absence may extend beyond the Kalends of January, and include holidays.

(2) We have established these regulations in order that no deputies can, by political intrigue, be added to those who are at present in office, or even after their number has been diminished, although they may have been reduced to their ancient status.

15. The Same Emperor to Tatian, Master of the Offices.

We have already published certain rules having reference to the deputies of the illustrious Quaestor of Our Palace concerning the business of the office, the first of which directs that, until their number is reduced to its ancient footing, none of them can be dismissed for the sole reason that there are more of them than are authorized by law, except where one is promoted to the rank of laterculus in the Bureau of Records, or to the second place in the other two Bureaus, that is to say, those of Imperial Letters and Imperial Petitions; for when these relinquish their offices they have permission to substitute for themselves anyone else whom they may select, who shall be placed in the lowest rank among the deputies, even though they may occupy a higher one among those recommended for the place.

Again, another rule has been promulgated, at the suggestion of Proculus, of illustrious memory, by which We ordered that those depu-

ties who, on account of some accident of fortune, as, for instance, through old age or disease, had become unable to discharge their duties, could substitute other deputies in their stead, which the said Proculus of illustrious memory communicated to Us with the endorsement of the deputies themselves. But as We have ascertained that, in violation of the present law, the number of deputies in the Bureau of Imperial Records, as well as in the two other Imperial Bureaus, that is to say, in those of Imperial Letters and Imperial Petitions, deputies have been both added and removed, and that this has been done under the pretext of a sale, in order that it may not occur hereafter, We communicate the present law to Your Excellency, by which We order that those shall, in accordance with an Imperial Rescript previously issued by Us, only be permitted to substitute others in their stead where they have obtained the rank of laterculus in the Bureau of Records, or the second place in the other two offices, and the other law which We have promulgated on this subject shall be abolished.

Permission shall not be granted to any of the said deputies, unless he has obtained the promotions hereinbefore mentioned, to appoint another to take his place under any circumstances whatever, so that, in this way, the said deputies may be reduced to their ancient number, that is to say, twelve, in the Imperial Bureau of Records, and seven in the other two Bureaus, namely those of Imperial Letters and Imperial Petitions and Inquests.

This law has been established in order that no deputies may, through political intrigue, be added to those who are in office at present, or even after their number has been diminished, notwithstanding it may be the same that it was in ancient times. For if We should decide to prohibit any changes, even though they might be the result of some accidental circumstances, much more reason exists for Our forbidding others to be introduced while the prior incumbents were still in office.

All the remaining provisions of the former law shall remain in full force.

TITLE XX.

CONCERNING AGENTS EMPLOYED IN THE TRANSACTION OF

BUSINESS.

1. The Emperors Arcadius, Honorius, and Theodosius to Anthemius, Master of the Offices.

No one belonging to the Association of Agents shall, hereafter, attempt to occupy a place rendered vacant by the death of another; but he who, by length of service and merit, can claim promotion, and is entitled to the position, shall obtain it, and no objection shall be of any avail.

Given at Constantinople, on the day before the Kalends of July, during the Consulate of Honorius, Consul for the sixth time, and Aristenetus, 424.

2. The Emperors Ronorius and Theodosius to Helio, Master of the Offices.

No one shall, hereafter, without the authority of the Emperor, be permitted to degrade an agent, or exclude him from the association to which he belongs. For after he has proved his membership, he need entertain no fear of the censure of a judge, nor any insult provoked by the humbleness of his origin.

Given at Constantinople, on the third of the Ides of November, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, 415.

3. The Emperor Leo to Patricius, Master of the Offices.

Confirming the register of agents made by Your Highness, We order that hereafter the number of decenarii shall not exceed forty-eight, and the number of centenarii shall not be more than two hundred, and that, in both instances, candidates shall not be considered eligible unless they have passed through the inferior degrees. In like manner, the number of biarchs shall be limited to two hundred and fifty; that of the circiti to three hundred, and the number of knights to four hundred and fifty members.

This rule, which has been adopted at the suggestion of Your Highness, shall remain forever in force, so that if any one of the decenarii whose members We have decreed shall be fixed at forty-eight should die, his heirs at law or testamentary heirs will be entitled to his salary and emoluments, just as he himself would have been if he had lived; for which reason his successor shall not be appointed until his term of office has expired.

No one shall be entitled to enjoy the pay and privileges attaching to membership in the Association of Agents without the sanction of the Emperor, which must be entered on the registers in the office of the Imperial Secretary of Records.

4. The Same Emperor to Patricius, Master of the Offices.

As, in the first place, it has been decreed that those agents who have attained to the rank of ducenarius or centenarius shall, in this Imperial City, be subject to the authority of no other judge, or, indeed, to the supervision of anyone else whomsoever, except that of the distinguished Master of the Offices, to whom is conceded the right of appointing someone to represent them in court, We decree that this rule shall be especially applicable in criminal cases, for it would be absurd if he who had no jurisdiction over pecuniary matters should be obliged to render a decision affecting the life and reputation of another. We order that this privilege shall also be granted to those who temporarily administer the office, although We are aware that, so far as they are concerned, an ancient custom to the contrary has been observed up to this time; still they should entertain no doubt that if, after having relinquished the above-mentioned office, they should not be included among the centenarii, they will be subject to the Common Law. We forbid the enjoyment of this privilege to all the above-

mentioned centenarii residing in the provinces, unless they are absent in the discharge of some public duty, and, in accordance with the ancient rule, We also order them to comply with the decisions of the ordinary judges.

TITLE XXI.

CONCERNING THE OVERSEER OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS.

1. The Emperor Leo to Patricius, Master of the Offices.

We decree, by this law, which shall remain perpetually in force, that agents employed in the transaction of business who, through length of service, have attained the rank of overseer shall, to the number of four each year, in regular succession, be appointed under-assistants to each of the Bureaus of Construction and of the Barbarians, with the exception of those among them who, either in person or by others, are engaged in any kind of trade; for the latter are forbidden by the Imperial Constitutions to hold the office, excepting such as have undertaken the administration and supervision of the property of others. We desire that they shall aspire to such employments, whose efforts have received the approbation of members of the body to which they belong.

Those also are excluded from this Imperial privilege who, while belonging to the said Association of Agents, have become attached to the offices of the Imperial Secretaries, presided over by the Primicerius or Tertiocerius, and who are employed as deputies in drawing up public documents, as they cannot work in two places at the same time; and, in addition to the emoluments which they obtain from the aforesaid posts of secretaries, they should be content with the honor of

being chief.

If, indeed, they should be disabled by disease or age, or incapacitated for any other reason whatsoever, so as to be unable to perform the duties of the aforesaid office, We, in consideration of their former services, do hereby order that they themselves shall, on their own responsibility, have the right to select others to fill their places, by appointing persons who are solvent and of good morals, and possess the requisite knowledge and skill to perform their duties in the said offices of the Imperial Secretaries.

2. The Emperor Anastasius to Celer, Master of the Offices.

We decree by this most salutary law that agents employed in the transaction of business shall, as in the case of officials charged with the collection of sportulss, in the judicial duties assigned to them, be liable to the costs, the payment of which they or their adversaries may be condemned, and that the same rule shall apply where attorneys have been appointed by them to conduct their cases, and they shall enjoy the benefits which have already been granted by the Imperial Constitutions to those engaged in the service of the government; and where a solvent

surety must be provided, he shall be a member of the same body, and they will not be compelled to offer a stranger.

Still, all privileges that may have been granted by Imperial Constitutions to centenarii, decenarii, chartularii, or illustrious chiefs, after they have retired from service, and which have been enjoyed up to the present time, shall remain intact and inviolate; as it would be extremely absurd, and even rash, for this evidence of Our liberality to diminish, by some subtle interpretation, the privileges already conceded, when the intention was that they should be increased.

The same rule shall be observed with reference to the mothers and wives of those persons, as well as to children who are under their control, so that neither they nor their slaves may be compelled to perform any other service, and any of the above-mentioned persons residing in the provinces shall be entitled to the same privileges. All of them, however, shall be required to pay their share of the sportulss, and the expenses of litigation, that is, the third part of the sum above mentioned. Any persons who, in any way or at any time, violate this law, or permit it to be done, shall be liable to a fine of ten pounds of gold, and be subjected to other severe penalties.

TITLE XXII.

CONCERNING THE CHIEFS OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS.

1. The Emperor Zeno.

We reward agents employed in the transaction of business after they have retired from office, with the honors of the chieftainship; and therefore those who, without the authority of the Emperor, have been raised to this dignity, cannot, as officials, be charged with any matters having reference to public or private affairs; and they cannot, without the interposition of Imperial authority, be compelled to appear in person, even where they are called upon to do so in the place where they reside.

We desire advocates to be notified of this, lest, without the knowledge of the Emperor, they may present some claim against a person of this kind, which should not be done even where it has reference to matters in which others are interested, and where fraud is said to have been committed.

In case this law is violated, We order that ten pounds of gold shall be paid by your office to Our Treasury.

2. The Emperor Anastasius.

We order that, in all actions at law, no matter who the persons concerned may be, even if they are of senatorial dignity, recourse shall especially be had to the chiefs of the agents for the transaction of business, and that all other matters which are usually submitted to the Senate shall hereafter be in charge of the officers of the census, and

that the rights of the parties shall not be prejudiced by any rescript which has been surreptitiously obtained.

3. The Same Emperor.

We order that the chiefs of the agents for the transaction of business shall, among other privileges, be invested with the dignity of Proconsul.

4. The Emperors Theodosius and Valentinian to Valemtius, Master of the Offices.

The chiefs of the agents employed in the transaction of business shall be permitted to have domestics attached to their offices on whose fidelity and industry they think that they can rely, even if the latter have previously discharged the same duties.

If any agent employed in the transaction of business should not have been able to perform his duties, for the term of twenty-five years, on account of the infirm condition of his health, and, by the vote of the entire body to which he belongs, should attain to the dignity of chief, We order that he shall enjoy the same privileges to which those are entitled who have obtained that honor by continuous service for the full term required by law. In the congratulations of judges, however, We order that the latter shall take precedence, when they can allege that they have enjoyed official honors for a longer time than the former. Where any of the officers of the census or their attendants are guilty of violating the rights of those who have been appointed to chieftainship, they shall be condemned to pay a fine of twenty pounds of gold.

5. The Same Emperor to Cyrus, Prsstorian Prefect.

We order that those agents employed in the transaction of business who have regularly passed through the grade of decenarius to that of chief, or have been appointed deputies of the illustrious Master of the Offices, when they are included among those who are honored, shall obtain the title of vicegerent.

6. The Same Emperors to Nomius, Master of the Offices.

We decree that the chief of agents employed in the transaction of business, who frequently attain the above-mentioned rank, after having been exposed to great dangers, and sometimes to the risk of loss of life; when their time of service has expired, shall, for the remainder of their lives, be entitled to the honor of Count of the First Rank; remaining at the same time in the enjoyment of all of the privileges previously conferred upon them.

7. The Emperor Leo to Nicosterius.

Anyone who, being a member of the body of cohortals, has a son born to him during the time he is serving in the association of agents employed in the transaction of business, before he attains to the rank of chief, and although he himself, after his term of service has expired, just as any other freeman, will not be subject to any of the restrictions

imposed by members among the cohortals, he will, nevertheless, leave his son liable to them.

If, however, he should have a son born to him after he has obtained the dignity of chief, the said son, even if he was not enrolled in the body of agents employed in the transaction of business, will remain free and secure from any obligation attaching to the condition of cohortal, as he was born to a father who is free, and absolutely independent of the liabilities attaching to this condition.

8. The Emperor Anastasius.

With a view to the interests of the numerous persons who become members of the association of agents employed in the transaction of business, We order that whenever the illustrious chiefs of the said association have finished their term of service, their wives, children, slaves, or vassals who may be required to appear in court and defend themselves in person, or by their attorneys, shall not be compelled to pay the officers more than one solidus by way of sportulss; and not more than a third part of a solidus shall be given to the attendants of a vicegerent or a Governor, and that no extortions or annoyances shall be practiced with reference to the furnishing of sureties, but such sureties shall be provided as the defender of the district may consider to be suitable, so that, in accordance with the tenor of the general edicts, those who possess immovable property either in the Capital or in the provinces shall only be bound to furnish security by oath, and such as is based upon the property which they themselves possess. It should also be added that no summons shall be valid unless it is reduced to writing.

In like manner, with reference to what has been provided concerning other officials, whenever civil or criminal proceedings are instituted against them, the executive officer having charge of the civil or criminal case from beginning to end shall be content with the payment of a single solidus by way of fees; and two solidi shall be paid by them, or their wives, for recording Imperial letters, or for filing a simple claim against persons presumed to be liable; and whenever copies are demanded, those whose duty it is to give them shall not hesitate to do so, after having demanded and received a solidus.

We order that the executive officers shall not have authority to collect more than three solidi for furnishing documents to those who are entitled to them, and that not more than one solidus shall be paid to an arbiter, and half a solidus to the attorney of the Treasury, and half a solidus shall be paid to notaries for the preparation of any papers which they may be required to draw up from the beginning to the end of the case, as has already been stated. Where, however, suit is brought, not before an arbiter but before a superior judge, the said illustrious magistrate cannot collect more than four solidi for instituting the proceedings, and for the record of the papers only two solidi shall be paid. No one shall be annoyed by the exaction of any other sums for costs than those above mentioned; and this rule shall apply to all persons, whether the parties bring actions against others, or whether they are sued as defendants.

TITLE XXIII.

CONCERNING SPIES AND DETECTIVES.

1. The Emperor Constantine to Julian, Prsetorian Prefect.

Spies and detectives, or any persons whose duty it is to inform the judges of crimes which have been committed, are required to establish their accusations, and they will run great risk if it should be proved that they have falsely accused anyone who is innocent, for the disgraceful practice by which they are permitted to arbitrarily imprison persons must be abolished.

2. The Same Emperor to Taurus, Pr,astorian Prefect.

We think that agents employed in the transaction of business should be mindful of Our orders in the care and inspection of the public post, and that this will be in every respect to the advantage of the State; therefore, We order that this duty shall entirely devolve upon officials of this kind and upon no others. The said officials must use extraordinary diligence to prevent any interference with the transport of the mails, and prevent more from being demanded than is customary.

He who attempts to do anything of this kind shall be deprived of the profit of his dishonorable conduct, and notice should be given of his act either .to the judges, or the detectives, even though he may assert that We have directed great speed to be used because of the urgency of the matter; and no persistency nor the rank of the individual concerned will have any effect. Therefore, We forbid any money to be demanded for an animal not set apart for the transport of the mails. Whoever perpetrates an offence of this kind shall be compelled to pay fourfold the amount that he received.

3. The Emperor Constantine to the Agents Employed in the Transaction of Business.

All condemnations by prefects of those among you who have been charged with the inspection of the post, and have honestly discharged their duty, are hereby annulled, but the sentences of any who have acted dishonestly, or have tarnished the honor of the service, shall not only be confirmed, and a more severe penalty shall be inflicted, in additien.

4. The Emperors Arcadius and Honorius to Marcellus, Master of the Offices.

We decree that agents employed in the transaction of business shall be sent, in turn, to each province, where they should be charged not only with the inspection of the post, but also with the transportation of public property. They shall have nothing in common either with the judges, or the inhabitants of the provinces, nor shall unlawful contributions be collected by them from ships, nor shall they gratuitously receive petitions, take testimony, or decide legal controversies, which they are not authorized to do, nor shall they commit anyone to prison, but they must attend to postal matters exclusively.

TITLE XXIV.

CONCERNING OFFICERS OF THE PALACE ATTACHED TO THE BUREAUS OF THE IMPERIAL LARGESSES AND PRIVATE

AFFAIRS.

1. The Emperors Valentinian and Valens.

Palatines are only liable to the payment of the poll-tax, and impositions on land, and are released from all extraordinary and ignoble contributions, tributes, and burdens of every description.

Given at Constantinople, on the Nones of May, during the Consulate of Constantius, Consul for the fourth time, and Constans, 342.

2. The Emperors Valens, Gratian, and Valentinian to Count Tatian.

No fiscal officer, or subordinate of the Count of the Treasury, who has once been convicted of breach of trust can, under any circumstances, be reinstated, or obtain any other dignity by intrigue or other means, or perform the functions of any public employment whatsoever.

3. The Emperors Gratian, Valentinian, and Theodosius to Pan-cratius.

The former rule having been restored, a Palatine, in preference to all others, shall be despatched to Cappadocia to act as Count of the Houses, and if he should be guilty of dishonesty, you will be responsible, therefore you should, every year, select a Palatine suitable for this place and send him there.

4. The Same Emperors to Hesperius, Prsetorian Prefect.

There shall be nothing in common, nor any connection between the different judges and the officers of the palace who are despatched by the counts upon a mission; but (with the exception of the respect which is due, and should be shown not only by inferior officials, but also by those of exalted rank, as well as by residents of the provinces, to the Governors of the same), the Palatines shall not go beyond what is required of them.

5. The Same Emperors to Nebridius, Praetorian Prefect.

Certain members of the Order of Palatines, after their terms of service have expired, have tried to obtain admission among those employed in the Bureaus of Transportation. Hence We order, by this law, that hereafter, no one who attempts to do this shall be heard, but each shall remain attached to the bureau in which he chose to serve, and he shall not be transferred to another place, even if he has already attained to the highest rank in his own order.

6. The Same Emperors to Probus, Prsetorian Prefect.

Your Excellency is hereby informed that you can exercise no authority over the subordinates of the Palatines, and that hereafter you

will not be permitted to make any addition to them whatever. We also forbid the Governors of the provinces to attempt anything of this kind.

7. The Same Emperors to Trifolius, Count of the Imperial Largesses.

We decree, by the present law, that all persons employed in the Bureau of the Imperial Largesses shall be of the number hereinafter specified, so that they may remain satisfied, and be aware that no addition can, under any circumstances, be made to their number, even though someone may desire to obtain admission through the benefit of a special privilege obtained from the Emperor. We also desire to determine the amounts of the contributions of grain to be made, dependent upon the rank of the person, and to provide that they shall not, hereafter, be increased.

(1) The following is the list of the employees of each of the Bureaus of the Imperial Largesses.1

8. The Same Emperors to Trifolius, Count of the Imperial Largesses.

The suggestion which you have made concerning all Palatines who should be sent upon missions is hereby confirmed, and it is decided that every year three ducenarii, and as many centenarii as you may deem advisable, shall be despatched as aforesaid.

9. The Emperors Valentinian, Theodosius, and Arcadius.

Let no one think that he can assume any official duties, either in the Bureau of the Imperial Largesses, or in that of Private Affairs, unless he has been especially authorized to do so by the Emperor.

10. The Emperors Theodosius, Arcadius, and Honorius.

We order that those Palatines who, after having been employed in the Department of Accounts in the Bureau of Imperial Largesses, and have finished their terms of service, shall, as assistants and primiceri, of different offices, enjoy the same privileges which We have recently bestowed upon agents employed in the transaction of business; that is to say, they shall be exempt from the payment of the contributions required of those entering the said Orders, and shall not be liable to other burdens.

11. The Emperors Arcadius and Honorius.

We establish the same regulation for the Bureau of the Imperial Largesses, as well as for that of Private Affairs, which We have promulgated with reference to the proximi of the Imperial Secretaries' office, and decree that the chief shall remain for two years in the discharge of his duty, and that the privileges which have already been conferred by the laws upon those offices, or upon the primiceria, by the Imperial Constitutions, shall remain unchanged and unimpaired.

1 This has been omitted because the translation could serve no useful purpose, and many of the words employed are not to be found in any dictionary.—ED.

12. The Emperor Theodosius.

It will not be necessary for the Palatines residing in this Imperial City to appear in court before the illustrious Urban Prefect, unless the case involves the erection of houses, servitudes, or the contribution of grain; and in all other legal proceedings, pecuniary as well as criminal, they shall only be obliged to answer before the illustrious counts. We permit the Governors of provinces to only have jurisdiction over the civil and criminal cases of such Palatines as are subject to their administration in civil as well as criminal cases, where the said Palatines are not engaged in public matters, provided that, if a criminal sentence must be pronounced against them, this shall not be done unless the illustrious count, in whose service the defendant is engaged, has first been notified and given his consent at the instance of the Governor of the province.

13. The Same Emperor and the Csesar Vcdentinicm to Eudoxius, Count of the Imperial Largesses.

Among the other prerogatives which have previously been conferred upon the body of employees attached to the Bureau of Imperial Largesses is the one that its Primicerius and the three other Primicerii of the secretaries' office shall receive the military dignity of Prastorian Tribune; and no contribution, either public or private, shall be imposed upon them by the authority of any judge whatsoever.

14. The Same Emperors to Florentius, Prsetorian Prefect.

We order that the Palatines attached to the Bureau of Our Private Affairs shall enjoy the same privileges conferred upon those who belong to the Bureau of the Imperial Largesses. For, as the nature of the service is the same, it seems to be only just and proper that both offices should enjoy similar privileges. Therefore, We decree that the Primicerii, as well as the three first officers of the Bureau of Private Affairs, after their terms of service have expired, shall be permitted to adore the Emperor with the praetorian military tribunes, and that they shall retain all other privileges bestowed upon them by the Imperial Constitutions, so that they will not be subject to any tax or contribution of a private or public character, imposed by any judge whomsoever; but shall enjoy the dignity to which they have attained, exempt from all requirements and all molestation.

TITLE XXV. CONCERNING STRATORS.

1. The Emperors Arcadius and Honorius to Zosimus, Governor of New Epirus.

We have published a general edict throughout all the provinces providing that only one solidus can be demanded by strators as a fee for their services; and We have prescribed a certain form to be observed in the offering of horses for the public service, in order that the

people of Our provinces may know what rule must be observed. We have also made persons liable to the Treasury for a certain number of solidi, by way of fine, if they should venture to give to strators what they are forbidden to demand. The office of Your Excellency shall be fined a hundred pounds of gold, if, being aware that the above offence has been committed, you do not immediately punish it with all the severity authorized by law.1

TITLE XXVI. CONCERNING CASTRENSIARII AND MINISTERIANII.

1. The Emperor Constantine.

The successors of those employees in the office of Your Excellency whose terms have expired shall be appointed in accordance with their merits, and their time of previous service, in compliance with the formalities prescribed by the Imperial Rescripts, that is to say, after the lapse of two years; and permission shall not be given those who have completed their terms of service to be reappointed, or again to perform the same official duties.

2. The Same Emperor to Scholasticus, Castrense of the Imperial Palace.

If anyone of the Castrensiarii should be raised to the first, second, or third class in the body to which he belongs, he shall be entered upon the registers as the last supernumerary of the third class.

3. The Emperors Valentinian and Theodosius.

Those who are attached to the service of the Imperial Wardrobe, as well as their mothers and wives, cannot have civil or criminal proceedings instituted against them, unless this is done before Your Highness.

4. The Emperor Augustus.

The officials above mentioned, who are in Our Imperial service (whose functions are-enumerated in detail in the note hereto annexed) can, under no circumstances, be subjected to the jurisdiction of any inferior or superior judge, but can only be brought into court by Your Highness; so that they cannot, at any time, be sued in the tribunal of any other magistrate, and be compelled to answer, except in that pre-

1 There were several kinds of stratores known to the Romans. Those above referred to were officials assigned to collect horses for the use of the government, or the private stud of the Emperor.

Others performed the functions of grooms or equerries, had supervision over the imperial stables, and assisted the Emperor to mount. Officials of high rank, also, were entitled to attendants of this description.

Others, again, acted as pioneers, moving in advance of the main body of troops, and some were charged with the inspection of prisons. Owing to their duties, which were more or less of a military character, stratores of all classes were considered to belong to the army.—ED.

sided over by Your Highness. But, in order that, in this court, they may not be subjected to enormous expense, or too readily and without good cause be called to account by any judge whomsoever, We have deemed it advisable to fix the amount of fees, and prescribe the number of sureties, providing, above all things, that such persons cannot be sued without a signed or written order issued under the direction of Your Highness.

Moreover, after having been sued, they shall not be compelled to furnish any other surety than the agent having charge of their affairs, or one of their principal subordinates, who will be responsible for the person of the defendant without the execution of any bond; and they shall answer in court either in their own proper persons, or by a regularly appointed attorney, whether a civil action is brought against them, or they are criminally accused. Nor shall they be obliged to pay the bailiffs, by way of fees, more than one aureus, during the whole of the litigation. They shall not be required to give more than three solidi to those who appear for them in the case, and conduct it, whether it is terminated in the lower court, or an appeal is taken and prosecuted, or whether any other legal proceedings take place from the beginning to the end of the action; and We order that those who receive these sums shall always remain satisfied with the same. In ordinary judicial inquiries, only two solidi shall be paid for the service of notices.

(1) Again, these privileges shall not only apply to the parties themselves, but also to their mothers and their wives, and shall remain inviolate.

We also decree, by this law, that where necessity demands, the latter shall only be obliged to furnish their sons and their husbands as sureties; and that the above-mentioned persons, during their term of service, as well as afterwards, shall enjoy all the privileges and benefits granted by the Constitution of the Emperor Martian, of Divine memory; all of which shall remain in force, with the exception of the provision by which they were, at that time, placed under a different jurisdiction.

(2) They shall be compelled to pay to the Advocate of the Treasury, or the clerks who discharge their duties before arbiters, only the third part of a solidus, from the beginning to the end of the litigation. When the case is tried before arbiters, they shall be obliged to pay half a solidus, and where the party resides in the provinces, and after having been sued is unable to furnish sureties, he can only be compelled to be sworn, and no proceedings can be instituted against him, at any time, unless in pursuance of an order of Your Highness; except where they have reference to tribute, the performance of civil functions, and the prosecution of crimes, which the general provisions of the laws require to be examined and tried in the places where they have been committed.

We decree, by the present law, that the illustrious Assistant of Your Highness shall be charged with the duty of seeing that none of the regulations which We have established are violated in any way.

TITLE XXVII. CONCERNING DEANS.

1. The Emperors Theodosius, Valentinian, and Arcadiiis.

Four of the body of deans, who have attained to the highest rank of their service, shall discharge the duties of Primicerius for the term of two years, and cannot remain any longer in this office; and those next in order shall, after the expiration of two years, as aforesaid, succeed them, without either favor or intrigue being allowed to have any effect.

2. The Emperors Theodosius and Valentinian to Nonius, Master of the Offices.

Mindful of the consideration to which the members of Our household are entitled, We decree that deans shall not be brought into other courts in compliance with the wishes of their adversaries, but shall only be subject to the jurisdiction of the Masters of the Offices, for in this way the respect due to Us will not be violated, and those who bring suit against them will be answered in accordance with law. We order that, as in the case of agents employed in the transaction of business, no one shall be permitted to bring the above-mentioned persons before another tribunal, and that the defendants shall be permitted to choose their sureties from the chiefs of their organization.

TITLE XXVIII. CONCERNING SURVEYORS.

1. The Emperor Zeno.

The Primicerius of the surveyors shall, after two years of service, be admitted into the body of agents for the transaction of business.

TITLE XXIX.

CONCERNING THE PRIVILEGES OP THOSE WHO ARE EMPLOYED IN THE IMPERIAL PALACE.

1. The Emperor Constantine.

We order that the Palatines, as well as those whose duty it is to render Us their personal attendance, and the employees of the Imperial Secretaries, that is to say, those who are attached to the Bureaus of Records, Letters, and Petitions, shall be exempt from any appointments to offices involving ignoble services; and We decree that their sons, grandsons, and other descendants shall enjoy the same privileges, and, together with all their personal property and urban slaves, shall be exempt from all base public charges; and no injury shall be inflicted upon them by anyone whomsoever.

Anyone who violates this law, no matter what his rank may be, shall pay the prescribed penalty.

2. The Same Emperor to Rufinus, Prsetorian Prefect.

We desire Our chamberlains, who have retired from office, as well as the Palatines employed in different branches of the service, and the subordinates of the Bureaus of Records, Letters, and Petitions, and also all Palatines stationed either in the palaces of the different cities of Our Empire, or in the camps, to enjoy the same privilege; so that neither they, nor their sons or grandsons, shall be compelled to accept public office or discharge municipal duties. We release them all from performing the functions of any base or corporeal public employment, for they are worthy of Our favor to such an extent that they shall be entitled to their castrense peculium, whether they are still attached to the palace, or have been permitted to go into retirement.

We also concede all these privileges to agents employed in the transaction of business, even though they may be considered to belong to the military profession.

3. The Emperors Gratian, Valentinian, and Theodosius.

Men who have been employed in Our palace shall be exempt from all contributions; and, although they may be persons of property, shall not be subjected to the arrogance and rapacity of government officials.

4. The Same Emperors.

We desire all those who have held different positions in the palace to obtain only the insignia of the one which they occupied at the time of their discharge. All must be promoted in regular order, and shall receive the Palatine honors, in accordance with seniority of service.

Anyone who is rash enough to violate this law shall suffer the penalty for sacrilege.

TITLE XXX.

CONCERNING THE PRIVILEGES OF THE FAVORED DIVISIONS OP THE ARMY.

1. The Emperors Theodosius, Arcadius, and Honorius.

We deny distinguished military counts the right to scourge and degrade senators and ducenarii, for when any acts are committed which deserve punishment of this kind, We wish them to be brought to the attention of Your Highness.

Moreover, We decree that their domestics cannot be created senators, ducenarii, or centenarii, and anyone who violates this Imperial Constitution shall be fined five pounds of gold. If anything of this kind should be attempted in the Bureau of Barbarians, or, if attempted, should not be denounced, a fine of ten pounds of gold shall be imposed.

It has been established, not without reason, that anyone who, on account of his rank, We have decreed shall be excluded from the office of domestic either permanently, or for the term of five years; cannot, through the favor of the count, and, under another name, administer the said office which he is forbidden by law to hold.

2. The Emperors Honorius and Theodosius.

We decree, by this law, that those who have served in different organizations, and, when their terms have expired, have attained to the rank of Primicerii, and whom after their adoration, the Emperor has raised to the illustrious dignity of count, shall enjoy all the rights and privileges attached to the above-mentioned rank; and, subsequently, until the end of their lives, shall only be subject to the jurisdiction of Your Highness, and shall not be compelled to take part in any civil litigation by the order of any other magistrate whomsoever. We desire, however, that in criminal controversies and public tributes, they shall be subject to the jurisdiction of the Governors of provinces, lest the public welfare may suffer, or crime increase, under the pretext of privileges which have been granted them.

3. The Emperor Anastasius.

We order that whenever members of favored divisions of the army and their wives (if their husbands are still living, or even when they have become widows through their death), as well as their mothers who are widows, and their children, if they have not been specially placed under the jurisdiction of some other judge, together with their slaves, have been made parties to either a civil or a criminal proceeding, and judgment has been rendered against them in the tribunal of Your Highness, they shall not be annoyed by being required to furnish a strange surety, but, in accordance with ancient custom, can provide the surety from their own organization.

The following rule must also be observed, namely: in criminal cases, five other persons selected among the thirty principal members, counting from the Primicerius, to the thirtieth in rank, shall be appointed sureties, together with the accountant (provided the latter is willing and does not refuse), or if the five principal members should refuse (as above stated) a single surety along with the accountant, to be selected from strangers, shall be given in criminal cases alone.

Officials shall not be paid more than one solidus by the parties, as a fee, whether they answer in person, or by an attorney.

(1) We decree that where the case is submitted to an arbiter, only one solidus shall be paid as a fee for joining issue, and another, and no more, for the rendering of the final award by the arbiter.

(2) If the case should be brought before your tribunal, either in the first place, or on appeal, the parties shall only be obliged to pay three solidi for filing the papers and reading the same, and two others for the trial of the case and the rendition of the judgment.

(3) Whenever a case in which the members of the aforesaid organization, their wives, or children are interested, has been sent from the tribunal of Your Highness to that of the Governor of the province, We decree that not more than half the ordinary costs shall be collected.

It should also be added that, where any of these persons, having obtained leave of absence, have gone to the provinces, no actions except criminal prosecutions and cases involving the payment of tribute shall be brought against them for five months, within which term they must

return. When, however, after the expiration of the fifth month of their leave of absence, proceedings are instituted against them before the tribunal of Your Highness, they will experience no inconvenience in furnishing sureties, for We order that recourse be had to juratory security.

(4) Moreover, We decree that when legal proceedings have been begun against members of the said organization, or their mothers, wives, children, or slaves (as has already been stated), verbally and without having been committed to writing, they shall not, in accordance with the distinction above set forth, be compelled to pay anything by way of sportulse, nor shall their mothers, wives, children, or slaves be obliged to do so. If, however, the matter is of such a character that, with the consent of the parties, cognizance can be taken of it even without its being reduced to writing, the case shall be tried without the proceedings being written; and if the above-mentioned persons should lose their case, they will only be required to pay one solidus, by way of fees, to the executive officer having charge of the same. Where, however, the nature of the case demands that the proceedings be committed to writing, in this instance, it will be necessary for the proper legal documents to be drawn up, and the rules above stated, which prescribe the amount of fees to be paid when suits are decided and disposed of, shall be observed.

TITLE XXXI.

CONCERNING THE CASTRENSE PECULIUM OP ALL PALATINES.

1. The Emperor Constantine.

We order that all the Palatines, upon whom Our Edicts have heretofore bestowed certain privileges, shall hold as castrense peculium any property which they may have obtained through their own frugality, or by Our donations, while they resided in the Imperial palace. For what is there that should rather be considered castrense peculium than property acquired with Our knowledge, and almost under Our eyes? Nor are persons strangers to the dust and toil of camps, who, belonging to Our retinue, are always ready to execute Our commands, are diligent and learned, and undergo the tediousness of journeys, and the hardship of expeditions. Therefore, Our Palatines, who are entitled to the benefits of the privileges of the Edict, shall retain as their individual property whatever they may have acquired while in Our palace, either by their industry (as has been already stated), or by Our donations.

TITLE XXXII. CONCERNING THE EQUESTRIAN DIGNITY.

1. The Emperor Justinian.

We order that the Roman knights shall be placed in the next rank after those who are designated as most illustrious.

TITLE XXXIII.

CONCERNING THE DIGNITY OF PERFECTISSIMATUS.

1. The Emperor Justinian.

Those who have obtained patents conferring the distinction of perfectissimatus shall not be entitled to the same unless they have been liberated from the servile condition, are not indebted to the Treasury, or the curia,, do not belong to the guild of bakers, or any other body of this kind, have not purchased the honor with money, or managed the business of any private individual.

TITLE XXXIV.

WHO CAN SERVE IN THE ARMY AND WHO CANNOT, AND CONCERNING SLAVES WHO ASPIRE TO ENTER THE MILITARY SERVICE OR BE RAISED TO ANY DIGNITY. No ONE CAN HAVE Two EMPLOYMENTS, OR HOLD Two DIGNITIES

AT ONCE.

1. The Emperors Severus and Antoninus.

If you desire to enlist in the army, apply to those who have the right to accept you. Moreover, you should not be ignorant of the fact that those who enlist in the army for the purpose of avoiding litigation can be discharged upon the demand of their adversaries.

2. The Emperor Alexander.

It has been established that enlistment in the army, even by the sons of decurions, in order to fraudulently evade municipal duties to which they are liable, will be of no avail.

3. The Emperors Diocletian and Maximian.

Your Highness should use the greatest diligence to prevent serfs and foresters from being enrolled in the army, whether they are volunteers, or are compelled to do so against their will.

4. The Emperor Leo.

No one of the condition of decurion, or cohortal, shall hereafter be permitted to enlist in the army.

5. The Emperor Justinian.

Those persons who, up to this time, have been invested with two, three, or more dignities, which, according to former custom, are not compatible, but separate and distinct, shall be given the choice to retain whichever one they prefer, and reject the others; so that they may permanently hold the one which they have chosen, and may, undoubtedly, be excluded from those which they have rejected.

Moreover, no one shall, hereafter, have the right to belong to more than one order at the same time; and all persons are forbidden (as

has previously been stated) to have two or more employments, or to add another dignity to which one he may already possess; and those who think that they can petition for something which has been prohibited by Us shall be sentenced to pay ten pounds of gold as a fine for their presumption, even though they may have derived no benefit from it; and all who surreptitiously obtain authority from the Emperor for this purpose (which sometimes happens) shall be fined ten pounds of gold.

When the officials attached to the different bureaus having charge of matters of this kind do not resist such applications, and violate the law, they shall be punished with a fine of ten pounds of gold. If this law should be disregarded in any respect, all persons are hereby notified that whatever has been illegally permitted, done, or inscribed upon the public records, shall be considered as not having been obtained or decreed in any way, or entered upon any register.

All persons who have obtained promotion in the military service, as well as in the civil administration in the provinces, whether they are employed at present or may be employed hereafter, are also notified that their rank, when authorized by the Emperor, shall be retained by them, and that, after their terms of service have expired, they will have permission to choose between the two dignities which they have received (whichever one they may prefer), so that they can decide whether they will keep their former dignity and renounce the one subsequently bestowed, or vice versa.

We, however, through Our inclination to be indulgent, have determined that all shall be free to adopt the above course, if the post which is to be relinquished is included among those that can be sold and transferred to others, and the price paid for the same is received; hence this can now be done, as was previously the practice in the army. Those, however, are excepted, and are not required to obey this Imperial law (which shall prevail for all time) who have two similar employments, as in the case of the members of the favored divisions of the army, whom it is customary to appoint as candidates, as well as the laterculii and the pragmaticarii, and private secretaries who enjoy the distinction of being attached to the Bureau of the Imperial Records, and the agents engaged in the transaction of business, who are invested at the same time with several dignities which have a common resemblance.

6. The Emperor Justinian.

With reference to slaves who, either with or without the knowledge of their master, may hereafter aspire to any office, We order that in case the latter was ignorant of the fact, he can appear before a competent judge, and prove that his slave was prompted without his knowledge (and this will be sufficient where the contrary cannot be proved), and if he does so, the slave shall, in consequence, be removed from office, and again brought under the control of his master.

Where, however, the slave obtained promotion with the knowledge of his master, the latter shall not only forfeit his right of ownership to him, but also his right of patronage, and the slave will become free;

and if he proves to be useful in the service in which he is employed, he shall continue in it, but if he should not be fit, he shall be dismissed. So far as these slaves, who are at present engaged in such employments, and who have already served a considerable time, are concerned, We grant permission to their masters, within the term of thirty days (to be reckoned from the promulgation of the present law) to either appear before Us, or before judges having jurisdiction, and prove that their slaves were promoted to office without their knowledge, and recover their ownership of them. When, however, the said term has expired, they shall be deprived of all rights of ownership and patronage.

7. The Same Emperor.

Where any master permits his slave to be raised to any honor, for instance, where he consents for him to enter the army, he shall be deprived of the ownership of the slave and of the rights to which patrons are entitled. For how can it be tolerated that men who have received donations at Our hands should still be considered in bondage, and, perhaps, along with their masters, be admitted to the presence of the Emperor? Therefore, under such circumstances, where not military service, but some other honor has been acquired by slaves, with the consent of their masters, the same rule as previously established shall be observed, in order that Our laws may not be considered to contain imperfections.

Again, masters are notified that, as in the case of the previous constitution which treats of slaves of this description, unless they proceed within thirty days from the time when they were notified, appear before a judge having jurisdiction, and take measures to deprive slaves of their dignities, they shall lose their ownership of said slaves, and their right of patronage over them. After the said slaves have become free and are included among freeborn persons, We will decide whether they shall retain the dignities to which they have attained, or whether they shall be deprived of them as being unworthy.

TITLE XXXV. MERCHANTS SHOULD NOT SERVE IN THE ARMY.

1. The Emperor Justinian.

We forbid those engaged in trade, either in this city or in the provinces, with the exception of bankers who are established in this capital, to serve in the army hereafter. We order them not to enlist, as they are useful in all contracts, but We authorize them to accept any other employment, without fear of violating the present law.

When, however, any merchants whom We have forbidden to enter the military service have already enlisted, We grant them permission to abandon their occupations and retain their rank in the army, being Well aware that if they afterwards engage in any mercantile transactions, they will be dismissed from the service. We wish any bankers

of this city, who have already enlisted, to remain in the army, as they should be permitted to do so if they abandon their business.

Therefore, after the promulgation of this law, all merchants shall be discharged from military service with the exception of those engaged in the fabrication of arms, who shall not be prohibited from pursuing their occupation, and shall still retain authority to transact business of this kind.

TITLE XXXVI.

CONCERNING MILITARY AFFAIRS.

1. The Emperor Antoninus.

You cannot, under the right of postliminium, legally demand your pay and your donations for the time during which you allege you were a captive in the hands of the enemy.

2. The Same Emperor.

If you have served for twenty years in the army, no degrading services can be imposed upon you.

3. The Emperor Augustus.

Soldiers who have been dishonorably discharged from the service are branded with infamy, and are not entitled to any honors which are ordinarily conferred upon men of good reputation. They shall, however, have the right to reside wherever they please, with the exception of places from which they are expressly excluded.

4. The Emperor Alexander.

My father, the Divine Marcus Antoninus, decreed that the property of deceased deserters should be confiscated.

5. The Emperor Gordian.

As you state that your sister's husband, after having been a deserter for seven years, was pardoned by Us, you have no right to ask that he should be considered as having been in the military service during that time. Hence, as We have pardoned him, he will be held to have served in the army, except while he was a deserter, and therefore he cannot collect his pay during the period of his desertion.

6. The Same Emperor.

When soldiers have been discharged on account of illness, it is not customary for them to be reinstated under the pretext that their health has been restored when they were not hastily dismissed, unless it is shown by the report of physicians, and after examination by a competent magistrate, that they have contracted some disease.

7. The Same Emperors.

You have no ground for apprehension that your reputation as a veteran will be injured because you have been guilty of some violation

of military law, especially as it has been decided that soldiers, after having been honorably discharged, cannot be branded with infamy for offences previously committed, even where these could be perpetrated by persons in civil life.

8. The Emperor Philip.

A soldier who has been discharged because of illness will suffer no loss of reputation.

9. The Emperor Constantine and the Caesar.

Where anyone, with malicious intent, affords an opportunity for barbarians to commit depredations against the Roman people, or if he should share the booty obtained by them in some other way, he shall be burned alive.

10. The Same Emperor.

Soldiers, who have been authorized by Us to have their families join them, shall only include their wives, children, and the slaves purchased with their peculium castrense, but not those registered in the Bureau of the Census, and Your Excellency shall see that this rule is complied with.

11. The Emperors Gratian, Valentinian, and Theodosius.

Neither tribunes, nor common soldiers, shall have the right to wander about, but shall remain with their standards in the barracks and other places allotted to them. If anyone should violate this law, which has been promulgated as necessary, a report shall immediately be made to Us with reference to the said soldiers or tribunes, by the Governor or the defender of the district, in order that the severest penalty may be inflicted upon them.

12. The Emperors Arcadius and Honorius.

As all the legions are encamped on the banks of the river, We, by way of precaution, decree that no one shall defile the waters of the stream, which are used for drinking purposes, by depositing any filth therein, and that no one shall violate public decency by washing horses while naked, but this shall be done in a lower part of the river, far from the sight of anyone.

13. The Same Emperors.

No soldier belonging to the Imperial bodyguard, at present stationed in this Capital, whether he is attached to a legion or to some other branch of the service, shall dare to engage in any other occupation, either in his own behalf, or for the benefit of someone else, without the consent of his commander; and whoever is convicted of an offence of this kind shall be discharged from the army and compelled to suffer the usual penalties. Those who are proved to have employed a soldier in any private undertaking shall be fined five pounds of gold. Where anyone, having been sent by his company, or by the tribune (for We

forbid this to be done under other circumstances) comes to Our Court, he must immediately present himself before the illustrious Counts having jurisdiction of such matters, and explain the cause of his journey, in order that he may receive a favorable answer, and speedily obtain permission to return. When the Governors of provinces ascertain that soldiers, having left their commands, are wandering about the country, they must cause them to be arrested and placed in custody until We can be notified and determine what should be done under the circumstances.

14. The Same Emperors.

We are unwilling for Our soldiers to be transferred from one corps to another. Therefore the counts and dukes to whom the duty of controlling the soldiers is entrusted are notified that not only are soldiers not allowed to be transferred from the corps appointed for the service of the Emperor or the palace to others, but that they, themselves, have no authority to permit soldiers belonging to the legions of the Emperor, or stationed in camps established on the frontiers, to be transferred to the command of either of them, unless the Emperor orders this to be done for reasons connected with the public welfare; because every soldier should have an opportunity to increase his reputation, not through intrigue, but by experiencing the hardships of the service.

If anyone should violate this law, he is hereby warned that a pound of gold will be exacted by way of fine for every soldier transferred in this manner.

15. The Emperor Leo to Aspar, General of the Army.

Soldiers who are armed and supported by the State ought to devote themselves to the public welfare alone, and not engage in the cultivation of the soil, the care of animals, or the pursuit of commerce, but should apply themselves exclusively to the performance of their military duties; and Your Highness must not hereafter permit them to concern themselves with any of the above-mentioned occupations, but order them to be constantly with the company to which they belong, so that they may be prepared for war by the daily exercise of arms.

If any military judge should, contrary to Our prohibition, cause a soldier to be employed on any private estate, or in any private houses, or in any other similar services, he is hereby notified that a fine of one pound of gold for every soldier so employed will immediately be imposed by way of fine upon him who violated this law, as well as upon the person who profited by the labor.

16. The Same Emperor to Dioscoms.

We forbid military men to perform civil duties, and if they should undertake anything of this kind, We decree that they shall at once be immediately dismissed from the army, and deprived of all privileges.

This law will render Our authority formidable to anyone who may rashly attempt to violate its salutary provisions.

17. The Emperor Zeno.

We do not permit anyone hereafter to enlist in a corps of cavalry or infantry on the frontier without first obtaining Our consent. By an ancient custom, which has prevailed up to the present time, permission was granted to magistrates or officers to examine those who desired to enlist, so that those only might serve on the frontiers who had been accepted by the Emperor. The distinguished generals of the army, as well as the other commanders, thought, however, that it was necessary to supply the places of those who were killed, and having made a careful investigation, We have resolved, at their suggestion, to determine what and how many soldiers shall be enlisted in each corps, and on each boundary, so that, finally, We have come to the conclusion that this snail be decided by casting lots.

It is part of the duty of the office of Your Highness to impose a fine of a hundred pounds of gold if this law, which We have promulgated, should, in any respect, be violated.

18. The Emperor Anastasius to John, General of the Army.

For the purpose of controlling the collectors of taxes and the inhabitants of the provinces, as well as soldiers, without subjecting them to any injury or expense, as far as this can be done, We have decided that it is necessary for all soldiers who are at present serving in the East to obey the orders of their illustrious commanders, so that when anything involving the common safety arises and must be attended to, the proper remedy may be applied by the military garrison stationed in the neighborhood; in other words, both civil and criminal cases which affect the soldiers aforesaid shall not be brought for hearing before the magistrate of highest authority in the East, but shall be determined by the tribunal of Your Highness, under whose jurisdiction they are, or by that of their own commanders.

(1) While it has been the custom, up to this time, for the opinions of Your Highness to be referred to the above-mentioned magistracy, established in the East, they must now be submitted to the illustrious commanders whom the civil magistrates and their assistants are required to recognize as judges, and whose orders they must be careful to obey. Permission shall not be refused to such a magistrate, or to his successor, to render a decision in cases where Your Highness cannot interpose your authority according to the rule which We have promulgated, and which properly come under the jurisdiction of the general-in-chief.

We also grant permission to the official who formerly had sole cognizance of these matters not only to have them investigated by his assistants, but to encourage the latter to aid one another, so that the examination of public and private causes, and even executions, shall not take place in their absence.

We do not consider it necessary to appoint attendants for each of these commanders, for fear that such a large number of individuals may cause some injury to Our soldiers.

(2) But in order that the public welfare, as well as that of our brave soldiers, may, in every respect be provided for, We think that the amount of sportulse should be reduced, and We order that the magistrates themselves shall not, either in criminal or civil cases, even if they are the result of public prosecutions, be permitted to exact more than one solidus from each individual, whether the soldiers are unwilling to pay, or voluntarily make the tender, so that if the entire corps or all the leaders are involved, only a double amount of fees shall be paid; for in instances of this kind We do not permit more than two of the principal defendants who have been mentioned at the institution of the proceedings to be sued, which is provided by the laws, when a syndic is nominated, as is customary.

(3) This provision having been added, the soldiers, or their syndics, as well as all those who incur expense by coming into court, cannot be forced to pay more than one solidus, which should be employed to compensate the magistrates and their assistants; and the latter shall not be permitted to exact any more, either personally or through the pious men who comply with the Ducian judgment or cause it to be obeyed; so that so far as the expenses of litigation are concerned, the same rule may be observed with reference to those who desire to bring actions against soldiers.

(4) It will depend upon the judgment and wisdom of the illustrious generals, according to the nature of the matter in dispute, or the amount which is demanded by their adversaries from the soldiers, whether the case shall be referred to the military commanders themselves, or to the judges invested with jurisdiction in the same district.

(5) These commanders shall have supervision over the magistrates and their assistants, and shall see that the decurions, or collectors of taxes, do not cause soldiers who are under the orders of their commanders any expense, so that the said commanders can, in time of peace, review and call the troops together whenever they desire to do so.

(6) If, however, it should become necessary for the soldiers to go elsewhere, they must, by all means, abstain from committing any wrong against the decurions, or the collectors of taxes; and if, in going and coming, only thirty days should be required, they can compel their expenses to be paid (without, however, subjecting the collectors or decurions to annoyance), but if they should be forced to remain longer in strange places, the expense incurred during the thirty days, as aforesaid, shall be paid after they have arrived at their destination.

(7) But as We have ascertained that certain persons have been so rash and unjust as to bring some of the soldiers above mentioned not only before the tribunal of Your Highness, but also before that of the eminent magistrate who presides in the East,, for the purpose of accusing them at the same time before both tribunals, and obtaining different judgments against the same persons for the same causes, in order that, hereafter, such snares may not be laid for Our soldiers, and to prevent confusion from arising in complaints brought against them, no one shall be permitted to accuse any soldier, or soldiers, before

the tribunal of Your Highness, and prosecute him, or them, either civilly or criminally, even though he may have obtained an order of the judges, or of the commanders, when the former have any matter before you which has not yet been decided.

(8) On the other hand, it should be observed that, when any soldier, or soldiers, attached to the service of the Emperor, are accused by order of the distinguished commander-in-chief, and reprimanded, permission shall be refused the prosecutor to accuse, or bring the same soldier, or soldiers, before the tribunal of Your Highness, and he shall not be permitted to do so, even if he can prove that the said soldier, or soldiers, have committed a criminal offence, or are civilly liable; and the complaints having been separated, Your Highness must decide the criminal cases, and the military commander, the civil ones, or vice

versa.

(9) Where any such soldier has committed an offence audaciously, as well as in violation of justice, he shall be punished in pecuniary cases by the loss of the suit, and shall have judgment rendered against him for damages on account of the act for which he was responsible; and, in criminal cases, he shall suffer the penalty of the law for malicious prosecution.

(10) We intend that the laws previously enacted shall be applicable to the preservation of public security and the protection of different places, and not employed for the purpose of diminishing the power of the magistrate invested with the administration of justice in the East, as there is no doubt that the military commanders themselves, whom the soldiers are obliged to obey, are subject to the supreme authority of this official.

TITLE XXXVII.

CONCERNING THE CASTRENSE PECULIUM OF SOLDIERS AND THE SUBORDINATES OF THE PREFECTS.

1. The Emperor Alexander to Priscianus.

If your son was under your control at the time when he purchased property in his own name, there is no doubt that it belongs to you. Movable property, however, which is given to a son by his father, or his mother, or any other relatives or friends, on his departure to the army, is included in his peculium castrense, to which also belongs any inherited personal effects which he could not receive except as a soldier; and even immovable property is placed in this category. The estate of a mother, however, even when it passes while her son is in the army, is not embraced in his peculium castrense. Land which is donated is also not included, but that which has been purchased with money taken from the castrense peculium constitutes part of the latter.

2. The Same Emperor to Felix.

The son of a family cannot alienate any property without the consent of his father, unless he has a castrense peculium.

3. The Same Emperor to Felicianus.

He who informed you that the bond of paternal authority is abolished by the military oath, is mistaken, for soldiers still remain under the control of their fathers, but their peculium castrense is their own, and their fathers have no right to it.

4. The Emperor Gordian.

As you state that you have been appointed heir by your brother, who is serving with you in the same camp, it is reasonable that the estate should rather be included in your castrense peculium than that it should belong to your father, under whose control you are; for it is certainly probable that association with your comrade-in-arms in the toils and privations of foreign military service, and your participation in the same rewards, has increased fraternal affection, and rendered you dearer to one another.

5. The Emperors Diocletian and Maximian.

We understand that the peculium of a son who died while in the army belongs to his father, even though the latter may not have acquired his estate.

6. The Emperor Constantine.

It is well known that the Imperial Secretaries, the Recorders, and all others employed in the offices of Your Highness, can claim the right of castrense peculium, just as if they were enrolled in the First Legion of Our Empire, and We decree that this right shall remain inviolate.

TITLE XXXVIII.

CONCERNING THE DISTRIBUTION OP MILITARY SUBSISTENCE.

1. The Emperors Constantine and Julian.

A custom which has recently been revived provides that during the time of an expedition Our soldiers usually have not only biscuit and bread, wine and vinegar, but also pork and mutton, issued to them; so that they receive biscuit every other day, bread every third day, wine on one day and vinegar on another, pork every day, and mutton every two days.

2. The Emperors Valentinian and Valens.

We order that soldiers shall not bring straw for themselves beyond the twentieth milestone.

3. The Same Emperors to Victor, General of the Army.

Neither soldiers nor their commanders shall, under any circumstances, dare to take anything from the inhabitants of the provinces by way of subsistence; for all soldiers are notified that the advantages which they derive by having rations issued to them should cause no loss to residents of the provinces.

4. The Same Emperors.

We order by a salutary provision that, on all frontiers, the purveyors appointed by the inhabitants of the adjacent provinces shall transport provisions to cantonments from places in the neighborhood, so that the soldiers stationed in the veteran camps may thus obtain two-thirds of their supplies, and not be compelled to transport more than the third part of the same.

5. The Emperors Valentinian, Valens, and Gratian to Probus, Prse-torian Prefect.

Commissaries must, before the expiration of thirty days, punctually render their true accounts, and they shall be compelled to make restitution from their own property for any supplies which they may have misappropriated, or failed to deliver to their corps, and for which they are responsible, either to the soldiers themselves, or to the warehouses belonging to the government.

6. The Same Emperors to Modestus, Prsetorian Prefect.

Our brave and devoted soldiers shall receive their rations from the public stores and their pay, every day, or at the proper time, that is to say, before the expiration of a year; and if they wish to defer the receipt of what they are entitled to, and do not apply for it within the term designated by law, it shall be claimed by the Treasury for Our benefit.

7. The Emperors Theodosius, Arcadius, and Honorius.

No soldier shall be permitted to demand the price of supplies sent into the provinces during a time of scarcity, which he rejected in time of plenty, so that where anyone neglects to claim them on account of the abundance of the crops, during the year, and afterwards, what was rejected should be valued at a high price because of the dearth, he cannot, without violating this law, either demand, or obtain what he once declined to accept.

8. The Emperors Arcadius and Honorius to Hilarius, Prsetorian Prefect.

It is proper that We should go to the relief of the inhabitants of the provinces, and therefore, Your Highness will communicate to the tribunes of all reserves, divisions, or corps, and to the illustrious commanders of the same, that they must remember to furnish hay to the soldiers in proper quantities, in accordance with the law of the Divine Valentinian, without their being required to convey it into the towns.

9. The Same Emperors.

Your Excellency will see that contractors enter upon the registers the nature and amount of the supplies distributed, so that it may clearly appear upon what day they were furnished to each company. And if it should be ascertained that the commissaries, or their subordinates, have received more than was recorded in the office of Our

Secretary, they shall be compelled to restore twofold the amount, which shall be given to the contractors as soon as they themselves demand it, for numerous applications have been made to the generals of both branches of the military